Court Upholds Shayara Bano Judgment, Declares Triple Talaq Suit Frivolous and Barred by Law
In a significant ruling, the Madhya Pradesh High Court at Jabalpur, presided over by Justice Vivek Jain, has dismissed a suit filed by Rizwan Ali seeking the declaration of divorce through triple talaq, citing it as unconstitutional and barred by law following the landmark Supreme Court judgment in the Shayara Bano case. The suit, originally filed in 2015, sought to declare that Ali's marriage to Smt. Rubina Kavi was dissolved through oral triple talaq pronounced on January 14, 2015.
The court's decision comes in light of the Supreme Court's 2017 ruling in Shayara Bano v. Union of India, where the practice of instant triple talaq was declared unconstitutional for violating Article 14 of the Constitution, which ensures the right to equality. Justice Jain emphasized that constitutional court interpretations are deemed retrospective unless explicitly stated otherwise, meaning that the Shayara Bano judgment applied to the current case, rendering the suit based on triple talaq invalid.
Despite attempts by Rizwan Ali to amend his original pleadings to allege a staggered talaq process over different dates, the court found these assertions to be contrary to the initial claims and an apparent attempt to circumvent the Supreme Court's ruling. The court maintained that any declaration based on triple talaq was not tenable and dismissed the suit as vexatious and frivolous.
The judgment reinforces the retrospective application of the Shayara Bano decision, clarifying that suits seeking declarations based on the now-unconstitutional practice of triple talaq are unsustainable. However, the court granted Ali the liberty to pursue divorce on other legally permissible grounds.
This ruling is a reaffirmation of the judiciary's stance against practices deemed unconstitutional, ensuring compliance with the Supreme Court's directives and upholding the fundamental rights enshrined in the Constitution.
Bottom line:-
Triple Talaq declared unconstitutional by the Supreme Court in Shayara Bano case applies retrospectively, and a suit seeking declaration based on triple talaq is barred by law.
Statutory provision(s): Article 14 of the Constitution of India, Order 7, Rule 11 CPC, Shayara Bano v. Union of India (2017) 9 SCC 1
Smt. Rubina Kavi v. Rizwan Ali, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2898821
