Big relief for women contesting triple talaq cases pending in various courts, SC judgment  renders invalid

 NEW DELHI: The ramifications of the Supreme Court 's verdict on Tuesday declaring triple talaq as unconstitutional will have a bearing on all pending cases in different courts where Muslim women have challenged divorce given to them under "talaq-ebiddat (instant divorce)" and their marital status is likely to be restored.

SC judgement in triple talaq means quashing of cases relating to triple talaq challenged by aggrieved women.

 

Legal experts said all pending cases would be decided as per the law laid down by the apex court in its judgment and all such talaq cases will have to be declared invalid. Senior advocate Ajit Sinha, a former judge of the Jharkhand high court, said the order was binding on all courts, according to Article 141 of the Constitution. All pending cases will now have to be decided according to the law pronounced by the apex court.

"There is no question of other courts having to examine the validity of triple talaq now after the SC verdict and so all cases will go," Sinha said. Former Patna HC judge Nagendra Rai agreed with Sinha and said there was no triple talaq in India and trial courts and HC would follow the verdict.

This means quashing of cases relating to triple talaq challenged by aggrieved women.