View source for Muslim personal law, India: Divorce

==2017/ SC: triple talaq unconstitutional (Shayara Bano etc.)==
[http://timesofindia.indiatimes.com/india/supreme-court-strikes-down-triple-talaq-terms-it-unconstitutional-by-32-majority/articleshow/60171152.cms  Dhananjay Mahapatra, Supreme Court strikes down triple talaq, terms it unconstitutional by 3:2 majority, Aug 22, 2017: The Times of India]

[http://www.thehindu.com/news/national/supreme-court-sets-aside-instant-triple-talaq/article19538599.ece  Krishnadas Rajagopal, August 22, 2017: The Hindu]


'''HIGHLIGHTS'''

CJI Khehar and justice Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims.

CJI Khehar and Justice Nazeer ordered a stay on practice of triple talaq for six months.

Justices Kurian Joseph, Nariman and UU Lalit said triple talaq violated fundamental right of Muslim women.

Supreme Court strikes down triple talaq, terms it unconstitutional by 3:2 majority


In a majority 3:2 judgment, a five-judge Bench of the Supreme Court set aside talaq-e-biddat or instant and irrevocable talaq as a "manifestly arbitrary" practice, which is not protected by Article 25 (freedom of religion) of the Constitution.

Chief Justice J S Khehar and justice S Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims and said it was not unconstitutional.

But, Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq violated the fundamental right of Muslim women as they are subjected to arbitrary irrevocable divorce through this practice.

'''These are the five women who fought triple talaq'''

CJI Khehar and Justice Nazeer, even while holding triple talaq to be valid, ordered a stay on this practice for six months to enable legislature bring a law banning this practice.
They said if a legislation banning triple talaq completely+ is placed before Parliament within six months, the stay on the practice would continue till Parliament enacted or rejected the law.

But, justices Joseph, Nariman and Lalit through different reasonings reached the conclusion that triple talaq was unconstitutional.
Justice Joseph said triple talaq was not sanctioned by Quran and hence could not form part of the fundamental right to religion.