The Jammu and Kashmir High Court held that judgment of Triple Talaq will be applicable to cases prior to Triple Talaq judgement in 2017.
The Court was hearing a case where a husband approached the Court to quash the proceedings under Domestic violence Act against him, contending that he have divorced his wife earlier.
Dismissing the petition the Court held that divorce is not proved and pronouncement of Triple Talaq for divorce is void after 2017 judgment.
The petitioner re-call for the judgment, Shayara Bano and Ors vs. Union of India.
Further stating that Triple Talaq was pronounced on 2014 and the judgement was passed on 2017 hence judgment in the case of Shayara Bano could not have been applied to declare the validity of ‘triple talaq’ pronounced in the year 2014.
Rejecting this contention, Justice Sanjeev Kumar observed that any judgment if not made to operate prospectively specifically is to be treated as retrospective and applicable even to any pending cases.