In which landmark case the Supreme Court held that the second marriage of Hindu man is invalid even if he converts to Islam before marriage?
Sarla Mudgal v. Union Of India
Can I remarry after converting to Islam?
The said marriage is void by reason of its taking place during the life of the first wife. Hence, the second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section 494 IPC.
What is Shayara Bano case?
In 2016, Shayara Bano knocked the doors of the Supreme Court against the practice of triple talaq (or instant divorce), saying it was an “unfair practice” and demanded its abolition in India. Shayara Bano was the original petitioner in the case against triple talaq.
What is bad in theology Cannot be good in law?
Secondly, it is acknowledged, that ‘talaq-e-biddat’ though bad in theology, was considered as “good” in law. This being so, it is not possible for us to hold, the practice to be invalid in law, merely at the asking of the petitioners, just because it is considered bad in theology. 2.
When was triple talaq banned?
In August 2017, a Supreme Court verdict had struck down the practice of instant triple talaq. Law minister Ravi Shankar Prasad had said that this did not dissuade the practice and that despite the court verdict, women were still being divorced by the talaq-e-biddah.
What happened in Shah Bano case?
When the case reached the Supreme Court of India, seven years had elapsed. The Supreme Court invoked Section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed, or religion. It ruled that Shah Bano be given maintenance money, similar to alimony.
What is Halala marriage?
Nikah halala (Urdu: نکاح حلالہ), also known as tahleel marriage is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband.
Is triple talaq in Quran?
Triple talaq is not mentioned in the Quran. It is also largely disapproved by Muslim legal scholars. Many Islamic nations have barred the practice, including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence.