Daniel Latifi V. Union Of India: Analysis From The Perspective Of Interpretation Of Statutes

Saket Agarwal, JECRC University, Jaipur

ABSTRACT

The Supreme Court has pronounced its judgment in favour of imposing restriction on Triple Talaq. The Lower house of the Parliament also passed the bill prohibiting the Triple Talaq. The purpose of this study is to elaborate upon the first case which finally cemented the rights of Muslim women in India. These rights came in jeopardy after the uproar against the Shah Bano case and Parliament’s stand in favour of Muslim husbands. This is the case of landmark case of Daniel Latifi v. Union of India. The case discussed the rights of the divorced Muslim women to get ‘maintenance’ and ‘provision’. The case dealt with the ambiguities within the act passed by the Parliament. thus, raising several questions over interpretation of the statute. The court applied the various rules of interpretation to resolve these ambiguities. This case is relevant from the perspective of interpretation of statutes. The author has analysed the various rules of interpretation applied by the Court in order to reach the conclusion. Further, the author has suggested some of the rules of interpretation, which the court could have applied in addition to the rules relied upon by the Hon’ble Court. A suitable conclusion has been supplied to the article to sum the entire discussion.

Keywords: Iddat, Maintenance, Provision, Divorce, Mehr