Matter in Pinnacle Court against Talaq-e-Hasan, all other kinds of ‘extra-judicial’ talaq

04-05-2022

In Talaq-e-Hasan, talaq is pronounced once a month, over a period of three months. If cohabitation isn't resumed during this era, divorce gets formalised after the third utterance within the third month.

A plea has been filed within the Supreme Court seeking to declare ‘Talaq-e-Hasan’ and every one other sorts of “unilateral extra-judicial talaq” as void and unconstitutional, claiming they were arbitrary, irrational, and violated fundamental rights.

The petition, filed by Ghaziabad resident, Benazeer Heena, who claimed to be a victim of “unilateral extra-judicial Talaq-E-Hasan”, also sought a direction to the Centre to border guidelines for neutral and uniform grounds of divorce and procedure for all citizens.

In Talaq-e-Hasan, talaq is pronounced once a month, over a period of three months. If cohabitation isn't resumed during this era, divorce gets formalised after the third utterance within the third month. However, if cohabitation resumes after the primary or second utterance of talaq, the parties are assumed to own reconciled. The first/second utterances of talaq are deemed invalid.

The petitioner, who claimed to possess been given such a divorce, contended that the police and authorities told her that Talaq-e-Hasan is permitted under Sharia.

“The Muslim Personal Law (Shariat) Application Act, 1937, conveys a wrong impression that the law sanctions Talaq-E-Hasan and every one other styles of unilateral extra-judicial talaq, which is grossly injurious to the basic rights of married Muslim women and offends Articles 14, 15, 21 and 25 of the Constitution of India and therefore the international conventions on civil and human rights,” the petition, filed by advocate Ashwani Kumar Dubey, submitted.

It further claimed that several Islamic nations have restricted such a practice, while it continues to vex the Indian society generally and Muslim women just like the petitioner particularly.

The practice also wreaks havoc on many ladies and their children, especially those belonging to the weaker economic sections of the society, it added.