Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, August 26, 2017

Instant Divorce Banned in India

From CNN:

India's Supreme Court banned the controversial Islamic divorce practice known as "triple talaq" in a landmark ruling announced Tuesday.

The practice, that stretches back over a thousand years, allows a husband to divorce his wife by simply saying the Arabic word for divorce, talaq, three times.
The five-judge bench did not unanimously ban the practice, which Balaji Srinivasan, one of the lawyers on the case, called "disappointing." Instead, three judges ruled that it was unconstitutional, while the minority issued a dissenting judgment that said it would now be up to Parliament to pass legislation officially banning the practice.
The Supreme Court had convened a special summer session to hear the much-anticipated case -- alongside others of constitutional importance -- in May, when it is normally in recess. It would otherwise take years to hear these cases, said the Chief Justice, according to local media.
Read more here.

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