Aarya Vernekar, BBA-LLB, NMIMS, Kirit P. Mehta School of Law, Mumbai
ABSTRACT
Triple talaq has been a contentious issue in India for several decades. It allows a Muslim man to instantly divorce his wife by simply uttering the word "talaq" (divorce) three times, without going through any legal or judicial process. This practice has been in existence for over 1400 years in the religion of Islam, but its relevance and suitability in contemporary times have been widely questioned. Since triple talaq does not require any legal proceedings, Muslim wives and their children are left with no legal recourse to contest the divorce or demand maintenance or alimony. The law criminalizes the practice of triple talaq and provides for punishment to those who continue to practice it. The aim of this research is to highlight the practice of triple talaq, its origin, its legislative history, and its impact on the victims. This study also analyses the changing dimensions of triple talaq in India. This is doctrinal research which summarises the entire practice of triple talaq in India and the post effect of the landmark Shayara Bano judgment of 2017. All the resources that were referred to comprised of published journal articles, news articles and blogs. Passing of the Muslim Women (Protection of Rights on Marriage) Act in 2019 was a significant step towards ending this practice and providing legal protection to Muslim wives, yet it is still practiced. This study has also provided potential solutions to address this issue.
Keywords: Triple talaq, Muslim, divorce, India.
