Talaq-e-biddat, i.e. instant and irrevocable triple talaq, by which marriage stands dissolved immediately upon a single pronouncement of “talaq” thrice, held unconstitutional by 3:2 majority. Practice held to be manifestly arbitrary, violative of Article 14, and having no essential religious character so as to be protected under Article 25(1). Talaq-e-biddat declared void and illegal.

A. Muslim Law — Divorce — Talaq-e-Biddat (Instant Triple Talaq) — Constitutionality — Validity

Talaq-e-biddat, i.e. instant and irrevocable triple talaq, by which marriage stands dissolved immediately upon a single pronouncement of “talaq” thrice, held unconstitutional by 3:2 majority.
Practice held to be manifestly arbitrary, violative of Article 14, and having no essential religious character so as to be protected under Article 25(1).
Talaq-e-biddat declared void and illegal.

B. Muslim Personal Law (Shariat) Application Act, 1937 — S. 2 — Whether protects talaq-e-biddat — Held, No

Section 2 only recognizes Muslim “personal law” to be applied, but talaq-e-biddat is not an essential or integral part of the religion and finds no basis in the Qur’an; hence Shariat Act cannot elevate an arbitrary practice into protected personal law.

C. Constitutional Law — Art. 14 — Manifest arbitrariness — Test — Applied

Uncontrolled, unilateral power to instantaneously and irrevocably dissolve marriage without reason or scope of reconciliation held arbitrary.
Law or practice that is inherently capricious, irrational, or disproportionate violates Article 14.
Majority (Nariman and Lalit, JJ.) struck down talaq-e-biddat on this ground.

D. Religious Freedom — Art. 25 — Essential Religious Practices — Scope

Talaq-e-biddat not an essential practice of Islam; not sanctioned by Qur’an; condemned by Islamic jurists; permitted only by some schools as irregular form.
Therefore, its invalidation does not infringe Article 25(1).
(Per Kurian Joseph, J., agreeing with Nariman and Lalit, JJ.)

E. Muslim Law — Valid forms of talaq unaffected — Ahsan and Hasan

Judgment clarifies that only talaq-e-biddat is struck down.
Other recognized forms:
(i) Talaq-e-Ahsan (single pronouncement + iddat), and
(ii) Talaq-e-Hasan (three pronouncements in successive tuhrs)
— remain valid, subject to Shamim Ara conditions of reasonable cause, reconciliation, and communication.

F. Women’s Rights — Protection from arbitrary repudiation — Scope

Instant triple talaq deprives Muslim women of dignity, equality, and security; exposes them to destitution without procedural fairness or opportunity of reconciliation; hence impermissible in law.

G. Directions — Parliament competent to enact legislation

Court observes that the legislature is free to enact law governing Muslim divorce.
(Parliament thereafter enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019.)

Held:

By majority (Nariman, Lalit & Kurian Joseph, JJ.):
Talaq-e-Biddat is unconstitutional, arbitrary, violative of Art. 14, and void.

Dissent (Khehar, C.J. & Nazeer, J.):
Practice should be injuncted for six months to allow Parliament to legislate; otherwise continue.

Final Result: Triple talaq set aside.