Triple Talaq Case

Supreme Court of India(2017) 9 SCC 1

Bench: 5-judge Constitution Bench: Khehar CJ, Nazeer J (for triple talaq valid — minority 2); Nariman J, Lalit J (for void — majority 3); Chandrachud J (concurring with majority)

Triple talaq (talaq-e-biddat — instant, irrevocable divorce by pronouncing "talaq" three times) is unconstitutional and void. Three judges (Nariman, Lalit, Chandrachud JJ) held it is manifestly arbitrary and violates Article 14. Two judges (Khehar CJ, Nazeer J) held it is valid as an essential religious practice. Since 3 judges struck it down, the majority prevailed. Parliament subsequently enacted the Muslim Women (Protection of Rights on Marriage) Act 2019 criminalising triple talaq.