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Which of the following led to the setting aside of the practice of Triple Talaq as evident in the case…

In Shayara Bano the opinions setting aside triple talaq rested on the view that the Shariat Application Act, 1937 does not sanction triple talaq, which is against the tenets…

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Which of the following led to the setting aside of the practice of Triple Talaq as evident in the case of Shayara Bano v. UOI (2017) ?
A. Muslim Personal Law (Shariat) Application Act, 1937 is not a Law regarding Triple Talaq, and the practice is against the tenets of Holy Quran
B. Section 2 of Shariat Application Act, 1937 is pre-constitutional legislation within the meaning of Article 13(1) of the Constitution and violative of Article 14
C. Section 2 of Shariat Application Act, 1937 is pre-constitutional legislation within the meaning of Article 13(1) of the Constitution and violative of Article 15 of the Constitution of India
D. Triple Talaq can be injuncted by the Supreme Court to sever matrimonial relationships

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Answer and explanation

Correct answer A

In Shayara Bano the opinions setting aside triple talaq rested on the view that the Shariat Application Act, 1937 does not sanction triple talaq, which is against the tenets of the Quran, and that section 2 of that Act, as pre-constitutional law within Article 13(1), is violative of Article 14 insofar as it recognises triple talaq. Hence the answer is "B, A only"; Article 15 was not the basis.

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