ValkyaEditorial

Tagged “marriage”

2 articles on marriage.

Landmark JudgmentSupreme Court of India

Shayara Bano v. Union of India: how a five-judge Bench struck down instant triple talaq

On 22 August 2017, a Constitution Bench of five judges drawn from five faiths held by 3:2 that talaq-e-biddat — the practice of instant, irrevocable triple talaq — was unconstitutional. Justice Nariman and Justice Lalit struck it down as manifestly arbitrary under Article 14. Justice Kurian Joseph struck it down on Islamic theological grounds. Chief Justice Khehar and Justice Nazeer would have left the practice to legislative reform. A digest of the bench, the three operative positions, the doctrine on manifest arbitrariness, and the subsequent Muslim Women (Protection of Rights on Marriage) Act, 2019.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Shafin Jahan v. Asokan K.M.: the Hadiya case and the right to choose

On 8 March 2018, a three-judge Bench of the Supreme Court — Chief Justice Dipak Misra, Justice A.M. Khanwilkar, and Justice D.Y. Chandrachud — set aside the Kerala High Court's annulment of Hadiya's marriage and reaffirmed the constitutional protection of an adult's right to choose her faith and her life partner. The substantive disposition engaged the constitutional architecture of autonomy, identity, and personal liberty, and articulated doctrinal contributions that have anchored subsequent engagement with the right to choose. A digest of the holding, the doctrinal architecture, and the broader trajectory.

Valkya Editorial··9 min