Supreme Court verdict: What happens if someone gives triple talaq now?

The Supreme Court by a 3:2 majority has held triple talaq to be unconstitutional. Two dissenting judges have directed the Government to make a law within six months and until then put a stay on any triple talaq. Questions galore over the enforceability of a split and complicated 395-page judgment given after 18 months.

A triple talaq given after this judgment will not only constitute contempt but would also enable women to peruse remedies under the law. Specific Relief Act will protect the married status of the woman while Section 125 of CrPC will ensure monetary maintenance. Women can also use the provisions of Domestic Violence Act, 2005

India has ratified Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW ) which was adopted by UN in 1979. Article 16(2) of CEDAW mandates registration of marriages. Based on this provision and other State Laws, Supreme Court in 2011 in Seema v. Ashwani had directed for compulsory registration of marriages of all citizens of India. The judgment of the Supreme Court is yet to be followed after 11 years. Yogi Government in UP has recently mandated for compulsory registration of marriages and the same require Aadhaar details of the …read more