In which of the following cases the Supreme Court has held that the "three talaqs" would be treated as…
None of the listed decisions held that three pronouncements of talaq are to be treated as a single talaq. Shah Bano (1985) and Bai Tahira (1979) concern maintenance of a…
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In which of the following cases the Supreme Court has held that the "three talaqs" would be treated as a single talaq and not a valid talaq:-
Answer and explanation
Correct answer D
None of the listed decisions held that three pronouncements of talaq are to be treated as a single talaq. Shah Bano (1985) and Bai Tahira (1979) concern maintenance of a divorced Muslim wife under the Code of Criminal Procedure, and Shamim Ara (2002) held that a talaq must be duly pronounced, for reasonable cause and after attempts at reconciliation, and that a bare plea of an earlier talaq in a written statement does not dissolve the marriage; it did not convert three talaqs into one. The answer is therefore "None of the given options is correct".
Current law: Section 3 of the Muslim Women (Protection of Rights on Marriage) Act 2019 declares talaq-e-biddat and any other instant and irrevocable talaq void and illegal, and section 4 punishes its pronouncement with imprisonment up to three years and fine.
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