All pending triple talaq cases null and void, marriages of Muslim women to be restored
Following the historic verdict of the Supreme Court on triple talaq, the question is what happens to the pending cases. OneIndia spoke to several legal experts who pointed out that the Muslim women who have challenged their divorce granted through instant triple talaq would have their marriages restored.
All courts that are hearing cases relating to triple talaq will have to deliver a verdict in accordance with the order of the Supreme Court. There is no scope to hear these cases not in accordance with the Supreme Court judgment. The Supreme Court in a 3:2 majority verdict had held that instant triple talaq or talaq-e-biddat is invalid.
The verdict of the Supreme Court is binding on all courts under Article 141 of the Indian Constitution. The courts hearing the triple talaq cases already filed will have to declare the divorce null and void, experts also pointed out. All cases would be quashes in accordance with the SC verdict and the marriages would be restored.
Those husbands who have filed cases will now have to follow the normal procedure of divorce now, experts also noted.