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    <title>2017 (9) TMI 1302 - Supreme Court</title>
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    <description>Instant triple talaq was held invalid as a form of divorce because it was capricious, irrevocable and denied any meaningful chance of reconciliation. The Court further held that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognized and enforced triple talaq, was void to that extent because a pre-Constitution law may be tested against fundamental rights. Triple talaq was also found not to be protected by Article 25, as it was not treated as an essential religious practice and could not override equality and dignity guarantees.</description>
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      <title>2017 (9) TMI 1302 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=348545</link>
      <description>Instant triple talaq was held invalid as a form of divorce because it was capricious, irrevocable and denied any meaningful chance of reconciliation. The Court further held that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognized and enforced triple talaq, was void to that extent because a pre-Constitution law may be tested against fundamental rights. Triple talaq was also found not to be protected by Article 25, as it was not treated as an essential religious practice and could not override equality and dignity guarantees.</description>
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      <pubDate>Tue, 22 Aug 2017 00:00:00 +0530</pubDate>
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