India ruling bans instant divorce
In a landmark ruling a court in India has banned divorce by triple talaq. The historic ruling is being hailed in India as a major step forward for Muslim women and women’s rights in India generally.
Triple talaq allowed husbands to divorce their wives instantly by issuing the triple talaq by letter, telephone and text message. This led to wives facing abandonment and destitution.
A majority of judges declared the controversial practice “un-Islamic” and “unconstitutional”. The judges felt that it was “manifestly arbitrary” to allow a man to “break down a marriage whimsically and capriciously”. The Indian government has supported ending the practice.
Nicola Furmston is a solicitor and head of the Family team at Barker Gotelee.