J&K High Court Held Triple Talaq Judgments Prior To Shayara Bano As Null And Void

Background&

• & & &The case was of Showkat Hussain v. Nazia Jeelani.
• & & &A petition under Section 482 of the Indian Penal Code was filed against the judgment passed on triple talaq placing reliance on the Shayara Bano case.
• & & &The wife had initiated a domestic violence case against the husband.
• & & &The husband approached the Court seeking to quash the proceedings.

Contentions of Husband&

• & & &The judgment was passed in the year 2017 whereas the divorce in the case was pronounced in 2017 so the validity of the judgment cannot be applied to this case.
• & & &He contended that he had already divorced his wife.
• & & &Section 12 of the Domestic Violence Act does not include a divorced wife as an aggrieved person.

Court Order

• & & &The husband failed to prove the factum of divorce and triple talaq in one go is void.
• & & &The Supreme Court had held that allowing triple talaq gives arbitrary powers to the husband to break the marriage without any scope of reconciliation and is violative of the fundamental right under Article 14 of the Constitution.
• & & &The judgment did not specify only prospective application thus it would apply not only prospectively but also retrospectively and to pending cases as well.
• & & &So the triple talaq pronounced before the passing of the judgment also would be null and void.
• & & &The case was dismissed citing no reason for making out a case.

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