New Delhi: At the age 36, Shayara Bano is battling plenty of ailments following multiple abortions. Her husband of 15 years sent her a talaqnama through post while she was with her parents at their house in Kashipur, Uttarakhand.
* Next in line is Ishrat Jahan, age 30. Her husband uttered talaq three times in mobile and allegedly took away her four children.
* The Bharatiya Muslim Mahila Andolan (BMMA) signed a letter which include petition in the name of ‘Muslim Women’s Quest for Equality’. A two-judge SC bench took suo motu cognisance of the petition.
All the above mentioned are petitioners in what is now termed as the triple talaq case. Today, a five-judge SC bench will give its verdict on a clutch of petitions which have challenged the triple talaq routine as “unlawful and unconstitutional”.
The ruling by the bench comprising Chief Justice of India J S Khehar and Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer is to be pronounced at 10.30 am.
Shayara Bano and her family is going to come to Delhi from Kashipur Tuesday morning. They are expecting good news, says her brother Arshad Ali. “It is not just about my sister. It is about all my sisters across the country, it is about future generations,” Ali said.
In the court, her lawyer had put forward following statement: “The Muslim husband’s right to ask for divorce by uttering talaq three times in a row is completely unilateral, unguided, absolute and has no rationale. It cannot be identified with Muslim culture and is not part of Muslim law. So it is not part of religion and, hence, not part of the right to practice or propagate religion and deserves no protection.”
Ishrat Jahan’s lawyer V K Biju said: “I did ask her to come, I do not know if she will be able to. She has been unreachable for some time. She lost her four children and her husband divorced her over phone. She fought back to prevent his second marriage. She was attacked and landed in the Calcutta Medical College.”
Zakia Soman of the BMMA said: “We are hopeful that the verdict will be in favour of women. Triple talaq should not have been allowed in the first place. It is high time that this huge anomaly that has gone on for seven decades be addressed. The legal process really is a small part of the much longer process of social reform but it will be a beginning. Our petition, Muslim Women’s Quest for Equality, was taken suo motu cognizance by the bench of Justice (Anil R) Dave and Justice (Adarsh Kumar) Goel and now we are one of the petitioners in the case. We have also submitted our triple talaq case studies to the court.”