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M. Mazumdar   30 September 2017

triple talak prior to latest SC ruling

can a triple talak given few weeks prior to latest ruling of SC be revoked or challenged? kindly discuss


Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     30 September 2017

Yes it can be challenged on the basis of latest Supreme Court judgement.

SHREY DAMBHARE   30 September 2017

This is very debatable issue. I think no and may be I am wrong but what I think, It cannot be challenged as the decision given by Supreme Court in Syara Bano Vs. Union of India (Triple Talaq case), I guess it was prospective ruling. That means, this decision has no effect over divorce before date of passing order. 

However, there is another line of argument for yes, It can be challenged and that is the Supreme Court all together declared Triple Talaq  illegal, so it cannot be continued to be valid by existing court. Like, even in Syara Bano's case, some of matters came up before the Supreme Court after some round of litigation. That time there was no such law so victims challenged Triple Talaq itself to get relief. 

It's very good query, debatable and both argument is possible, but I guess Yes has more waitage. 

P. Venu (Advocate)     30 September 2017

You have not posted any material facts.


(Guest)

No need of matrial facts and long story. In India, any tom d**k and harry can file a case in court. anything cab be callenged. everything is left to discretion of court.


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