Supreme Court did not specify that Shayara Bano judgment on Triple Talaq will apply prospectively: High Court of J&K and Ladakh

By Tanisha Pandey

The High Court of Jammu and Kashmir and Ladakh as of late decided that the Supreme Court’s judgment in the Shayara Bano case would apply similarly to instances of ‘Triple Talaq’ articulated before the death of the 2017 decision (Showkat Hussain v. Naziya Jeelani). While excusing a request for a situation where Triple Talaq was articulated in the year 2014, Justice Sanjeev Kumar held that the zenith court didn’t determine that its judgment would apply tentatively.

The Supreme Court, while announcing the ‘triple talaq’ as invalid and void in the eye of law on account of Shayara Bano didn’t explicitly make the judgment work tentatively and that being the position, the law proclaimed by the Hon’ble Supreme Court in Shayara Bano’s case would apply similarly to the ‘triple talaq’ articulated before condemning,” the request expressed.

The Court was managing a request recorded by a spouse trying to review a judgment of the High Court passed in 2019, to the degree of depending upon and applying the judgment in Shayara Bano to the current case. The meaningful common laws can be worked reflectively if the resolution explicitly endorses it or there exists a huge premium of the general population as entire in any case all rules will be worked retroactively.

It was the solicitor’s case that the judgment in Shayara Bano was articulated in the year 2017, while in the moment case, triple talaq was articulated in the year 2014. In this light, it was battled that the Constitution Bench judgment couldn’t have been applied to proclaim the legitimacy of ‘triple talaq’ articulated in the year 2014. While excusing the request, the Court held, the contention raised isn’t viable for the explanation that the judgment delivered on account of Shayara Bano, if not made to work tentatively explicitly is to be treated as review and pertinent even to the forthcoming cases.

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