This article is written by – Khushi Chamaria, GIBS, IP University
In 2017, The Hon’ble Supreme Court of India gave the landmark judgment of ShayaraBano’s case declaring the practice of Instant Triple Talaq unconstitutional and violative of Articles 14 and 15.
Triple Talaq is not an integral part of the religion and it is against the basic tenets of the Quran and violates Sharia.
Recently, The High Court of Jammu & Kashmir and Ladakh stated that the Supreme Court’s judgment from ShayaraBano that Instant Triple Talaq is unconstitutional and is a violation of Article 14 and 15 of the Constitution.
The High Court stated that while giving the landmark judgment of ShayaraBano case declaring the practice of Instant Triple Talaq null & void and violative of Article 14 and 15 of the Constitution in the eyes of law did not make the judgment operate prospectively and tentatively.
The Court found the argument to be unpersuasive because the judgment in the matter of ShayaraBano did not apply prospectively, but rather retrospectively, and this now applies to pending cases as well.