Intervention application moved in SC seeking impleadment in PIL challenging Talaq-e-Hasan's validity
May 16, 2022
New Delhi [India], May 16 : An intervention application has been moved in the Supreme Court seeking impleadment in the public interest litigation which challenged the validity of Talaq-e- Hasan.
Qurrat Ul Ain Latif has filed application seeking intervention of the applicant in the PIL which has been filed seeking various reliefs including challenging the validity of Talaq e Hasan, Section 2 of Shariat Application Act and Dissolution of Muslims Marriage Act, 1939 etc. as they recognize Talaq e- Hasan.
The applicant Latif, in his application, through advocate Talha Abdul Rahman, sought to bring to the notice of this Court that on the same issue, i.e., validity of talaq-e-hasan and extra judicial divorce recognized under Section 2 of the Shariat (Application) Act, 1937, is pending before the Delhi High Court.
The applicant urged the court to advise the petitioner challenging the validity of Talaq e Hasan, to urge his grounds before the High Court, which is seized of the issue.
"It is stated, if the High Court gets the first chance to adjudicate, then the party retains a valuable right to appeal. Further, the Petitioner appears to have a personal interest in the outcome of the case, and does not satisfy the test for credentials of Petitioner in PIL jurisdiction, " said the intervening application.
Earlier in this month, a PIL has been moved in the Supreme Court seeking to declare Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq as unconstitutional and void and sought the issuance of direction to the Centre to frame guidelines for gender-neutral, religion-neutral uniform grounds of divorce and uniform procedure of divorce for all.
The petition has been filed by a Muslim woman, who claimed to be a journalist as well as a victim of Unilateral Extra-Judicial Talaq-E-Hasan. The woman has filed the petition through advocate Ashwani Kumar Dubey.
