Shayara Bano v. Union of India
[2017] 9 SCR 797 · Supreme Court of India · Decision date: 2017-08-22
Key issue
Can instantaneous, irrevocable triple talaq survive constitutional and personal-law scrutiny?
Facts
Shayara Bano challenged instantaneous triple talaq following a divorce pronounced by her husband. Case number: W.P. (C) 118/2016 and connected matters
Holding
By 3:2, the Court set aside talaq-e-biddat, with different reasons among the three judges forming the majority. Nariman and Lalit applied manifest arbitrariness under Article 14 to statutory recognition of the practice. Kurian Joseph concluded that the practice lacked validity under Muslim law. These are distinct routes to the result. Instantaneous triple talaq was invalidated; the decision did not abolish every form of Muslim divorce. Khehar CJ and Nazeer dissented, treating the practice as protected personal law while proposing temporary restraint and legislative intervention. Provisions considered at judgment date: Constitution: Articles 14 and 25; Muslim Personal Law (Shariat) Application Act 1937, section 2.
Pinpoints
PDF p. 343 — Nariman: application of manifest arbitrariness; PDF p. 361 — Kurian Joseph: separate reasoning; PDF p. 362 — Majority operative order. PDF page numbers are 1-based and may differ from printed reporter pages.
Verification status
Source checked
Source note
Original TLG research note based on the linked official judgment, not an official court summary. Source identity and selected holding passages checked on 4 November 2026.
Current treatment
The Muslim Women (Protection of Rights on Marriage) Act 2019 subsequently declared the specified talaq void and illegal and created an offence. The criminal offence comes from legislation, not this judgment. Historical case note; exhaustive subsequent treatment and current statutory application have not been checked.