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SC to hear triple talaq case filed by Shayara Banu

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ANI New Delhi [India]
Last Updated : Feb 08 2017 | 2:22 AM IST

The Supreme Court will on Wednesday hear the athe triple talaq case filed by Shayara Banu.

Shayara Bano, 38, stirred a hornet's nest after she moved the Supreme Court to challenge the triple talaq under Muslim personal law, under which a man simply has to utter 'talaq' thrice to divorce his wife.

The consent of the woman is never taken into consideration, and as opposed to what is mandated under the Quran, the woman is never given the stipulated three months' time.

Shayara has also challenged in the apex court the concept of 'nikah-halal', under which a woman must consummate another marriage in order to go back to her first husband if she wants to. She also wants to outlaw polygamy within a Muslim marriage.

A resident of Kashipur, Shayara got married to Allahabad-based property dealer, Rizwan Ahmed, in 2002. The problems started soon enough.

In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice as unconstitutional.

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The court further observed that the triple talaq practice sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women.

"Triple talaq is unconstitutional, it violates the rights of Muslim women," ruled the High Court, adding that no personal law board is above the Constitution.

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First Published: Feb 08 2017 | 2:10 AM IST

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