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Read the extracts of leading judicial pronouncement and answer the questions below:
1. What is bad in theology was once good in law but after Shariat has been declared as the personal law, whether what is Quranically wrong can be legally right is the issue to be considered in this case. Therefore, the simple question that needs to be answered in this case is only whether triple talaq has any legal sanctity. That is no more res integra. This Court in [1] has held, though not in so many words, that triple talaq lacks legal sanctity. Therefore, in terms of Article 141 [1] is the law that is applicable in India.
2. Having said that, I shall also make an independent endeavour to explain the legal position in [1] and lay down the law explicitly.
3. [2] was enacted to put an end to the unholy, oppressive and discriminatory customs and usages in the Muslim community. Section 2 is most relevant in the face of the present controversy.
Application of Personal law to Muslims. - Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be Muslim Personal Law (Shariat).
The name of which of the following judgments has been replaced by ‗[1]‘ in the passage above?
The Supreme Court constitution bench led by Chief Justice J. S. Khehar gave a landmark judgement in Shayara bano v. Union of India. Consider the following statements:
1. Chief Justice J. S. Khehar‘s decision, along with Justice S Abdul Nazeer, concluded that despite many findings the practice abhorrent, the Supreme Court does not have the power to strike it down.
2. The five-member bench was divided 3-2 on the matter. The dissenting opinion instead called for an injunction on the practice of talaq-e-biddat for six months, while also prodding the legislature to take up the matter.
3. The majority struck it down with two judges holding it arbitrary and third judge holding it unislamic.
4. The Majority verdict was given by Justice Rohinton Nariman, Justice U U Lalit and Justice D. Y. Chandrachud.
Select the correct statements about judgement:
Which one of the following is not correctly matched?
1. Talak Ahsan--This consists of three pronouncement of divorces made during a tuhr (period between menstruations) followed by abstinence from sexual intercourse for the period of iddat.
2. Talak Hasan- This consists of three pronouncements made during successive tuhrs, no intercourse taking place during any of the three tuhrs. The first pronouncement should be made during a tuhr, the second during the next tuhr, and the third during the succeeding tuhr.
3. Talak-ul-Bidaat - This consists of - (i) Three pronouncements made during a single tuhr either in one sentence, e.g., "I divorce thee thrice", - or in separate sentences e.g., "I divorce thee, I divorce thee, I divorce thee",
4. Talak-ul-Bidaat - This consists of - (ii) a single pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage, e.g., "I divorce thee irrevocably".
In which one of the following cases, the proposition was laid down that Personal Laws are beyond the pale of the Fundamental Rights Chapter of the Constitution and hence cannot be struck down by this Court?
In which of the following cases, the Delhi HC had observed that the "Introduction of constitutional law in the home is most appropriate. It is like introducing a bull in a china shop. It will prove to be the ruthless destroyer of the marriage institution and all that it stands for. In the privacy of home and the married life, neither Article 21 nor Article 14 have any place."?
Which of the following statement is correct?
1. Hindu Marriage Act, 1955 recognizes Personal Law of Hindus
2. Hindu Marriage Act, 1955 does not recognize Personal Laws and is a landmark legislation in the direction of Uniform Civil Code.
3. If two Hindus register their marriage under Special Marriage Act, they will continue to be governed by the Hindu Succession Act rather than Indian Succession Act.
4. Hindu Marriage Act, 1955 recognized widow remarriage for the first time in India.
