The Supreme Court did not say whether the Shayara Bano decision on Triple Talaq will be applied retroactively: J&K and Ladakh High Courts The petitioner argued that the verdict in Shayara Bano was issued in 2017, whereas triple talaq was issued in 2014, and so the former would not apply in this instance. The High Court of Jammu and Kashmir and Ladakh recently decided that the Supreme Court's Shayara Bano decision will apply equally to cases of 'Triple Talaq' pronounced before the 2017 ruling (Showkat Hussain v. Naziya Jeelani). Justice Sanjeev Kumar dismissed a petition in a case where Triple Talaq was pronounced in 2014, stating that the Supreme Court did not indicate that its ruling would apply prospectively.
"The Hon'ble Supreme Court, in declaring the 'triple talaq' as null and void in the eyes of law in the case of Shayara Bano, did not specifically make the judgment to operate prospectively," the order stated. "That being the position, the law declared by the Hon'ble Supreme Court in Shayara Bano's case would apply equally to the 'triple talaq' pronounced prior to the passing of the said judgment." The Court was hearing a petition filed by a spouse seeking to set aside a High Court decision from 2019 by relying on and applying the Shayara Bano decision to the current case. According to the petitioner, the verdict in Shayara Bano was handed down in 2017, but triple talaq was handed down in 2014.
In light of this, it was argued that the Constitution Bench decision could not have been used to determine the legitimacy of the 'triple talaq' decreed in 2014. "The argument stated is not tenable for the reason that the decision was given in the matter of Shayara Bano (supra), if not made to operate prospectively explicitly, is to be considered as retroactive and applicable even to the pending cases," the Court said in rejecting the petition.
Tags : #Supreme Court of India #Jammu and Kashmir High Court #Triple Talaq #Shayara Bano