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The Supreme Court on Tuesday provided a bunch of relief to Muslim women who had been suffering from the controversial practice of triple talaq. The Supreme Court banned the controversial practice of triple talaq that allows Muslim men to divorce their wives instantly by saying "talaq" thrice. The Muslim women had been suffering from this ‘unlawful’ practice from a long time.
A five-judge bench in a split verdict ruled that the practice of instant triple talaq is unconstitutional and against the teachings of Islam.
The judgement in the triple talaq case came two years after Shayara Bano from Uttarakhand approached the top court after her husband sent her a letter with word talaq written thrice to divorce her.
The bench comprising Chief Justice JS Khehar, Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and Abdul Nazeer began hearing the petitions in May. In the verdict, the Supreme Court has ordered Centre to make a law related to it as soon as possible.
Let’s a look at the petitioners who fought against this practice:
After being married for 15 years, Shayara Bano's husband gave her talaq in October 2015. The 36-year-old woman approached the Supreme Court in 2016, challenging the validity of arbitrary practices against women followed by Muslims.
Her petition sought the Supreme Court to declare ‘talaq-e-bidat, polygamy and nikah halal’ (which involves the woman marrying someone else, consummating the marriage and then getting a divorce - after which she is able to remarry her first husband) illegal and unconstitutional.
Bano alleged that her in-laws also forced her to undergo six abortions and she had gone through much physical and mental stress.
Modi Government filed an affidavit against the triple talaq based on her petition.
Ishrat Jahan from Howrah, West Bengal, was divorced by her husband Murtaza over a phone call. All she remembers of their conversation is that in April 2015, her husband of 15 years called from Dubai, said talaq, talaq, talaq and disconnected the call thus ruining her life.
Her husband took away the four children and now Ishrat wants her children back, and maintenance from Murtaza.
Gulshan Parveen of Rampur in Uttar Pradesh also became the victim of this evil practice of triple talaq. In 2015, Her husband sent her a talaqnama on a Rs 10 stamp paper when she was at her parents' home.
She refused to accept it, following which her husband approached Rampur family court asking for dissolution of marriage based on the talaqnama.
Afreen Rehman got married in 2014. However, after two-three months her in-laws started harassing her mentally, demanding dowry.
She went back to her parents' home and received a letter via speed post announcing a divorce, she revealed. Soon after, she filed a petition in Supreme Court seeking the court's intervention in the matter.
Atiya Sabri is another victim of triple talaq who got married in 2012. She approached the Supreme Court in January 2017 challenging triple talaq given by her husband on a piece of paper.
Bharatiya Muslim Mahila Andolan
A petition, titled 'Muslim Women's Quest for Equality', was filed by the Bharatiya Muslim Mahila Andolan (BMMA). The BMMA argued that Allah says men and women are equal.
Zakia Soman of the BMMA said, "We have reproduced verses from the Quran about talaq, negotiations and how it should happen over a minimum period of 90 days. The second argument is about gender justice. There is no ambiguity in the Constitution of India about all citizens having equal rights."