Shayara Bano: An Analysis Of Dissenting Judgment

Abstract

In this paper author discusses intricate details of judgment passed by the Constitution Bench (5-Judge) of the Hon’ble Supreme Court of India in case of Shayara Bano v. Union of India[i], with objective to understand the concept of Talaq-ul-Biddat and its religious and legal sanctity and permissibility. This paper aims to provide the insight of less discussed (2-Judge) dissenting judgment passed by Hon’ble Supreme Court in Shayara Bano (supra) with particular emphasis on providing details about the issues framed and considered by Hon’ble Supreme Court and reasoning provided therefor, while considering the rival submissions of the parties and relevant provisions of law and judicial precedents.