No More Talaq divorce in India
On 22 August 2017, after 3 months of deliberation, the Indian Supreme Court by a majority of 3:2 has ruled the practice of “Triple Talaq” to be void and unconstitutional.
Triple Talaq is a practice under Islamic Law which allows a Muslim man to divorce his wife legally by saying the word “Talaq” (translated as divorce) three times, in verbal, written or electronic form. No reason or cause is required to support the divorce and the wife need not be present for the pronouncement.
The practice has its provenance in section 2 of The Muslim Personal Law ( Shariat) Application Act 1937, otherwise known as the Muslim Personal Law.
Within India each religion is governed by its own set of personal laws and one of the key issues looked at in this case was whether the Indian Courts should interfere with these personal laws. The Supreme Court found that it could holding that as the practice violated fundamental constitutional rights it was therefore unconstitutional and invalid.
The Supreme Court have now asked the Indian Government to devise suitable legislation to govern marriage and divorce for the Muslim community and in the interim have placed a 6 month injunction on Muslim men pronouncing Talaq as a means of obtaining a divorce.
This Judgment is also likely to lead to further discussion as to the need for India generally to enact a unified civil code for all religions, covering such integral matters as marriage and divorce.
Within the UK, decisions arising from religious courts are not recognised by the UK Family Courts and those wishing to divorce must adhere to the law and procedure as set out in the Matrimonial Causes Act 1973.
Should you wish to discuss any aspects of divorce in India or the UK do not hesitate to contact Donohoe & Co.