No urgency in challenging practice of Talaq-e-Hasan, says SC
May 25, 2022
New Delhi [India], May 25 : The Supreme Court on Wednesday said that there is no urgency in hearing the plea challenging the practice of Talaq-e-Hasan and asked the petitioner to bring up the matter next week.
Talaq-e-Hasan is the procedure of divorce to be followed by men mentioned in the Quran.
A vacation Bench of Justices DY Chandrachud and Bela M Trivedi said there is no urgency in this matter.
Senior Advocate Pinky Anand, appearing for the petitioner, mentioned the plea challenging the practice of Talaq e Hasan and said that two notices have been sent to a Muslim woman.
The Court said, "There is no urgency in this and let us have this after vacations."
Senior Advocate Anand persisted that everything will be over.
Senior Advocate Anand apprised the court that Talaq E Hasan has three notices. The first notice was on April 19 and the last one was on May 19, she said.
Thereafter the Court asked her to mention it again next week then.
A plea has been moved in the Supreme Court seeking to declare that Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq as unconstitutional and sought to issue direction to the Centre to frame guidelines for Gender Neutral Religion Neutral Uniform Grounds of Divorce and Uniform Procedure of Divorce for all.
The practice of Talaq-E-Hasan and other forms of unilateral extra-judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of the Islamic faith.
"Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the Petitioner in particular, " the petitioner submitted.
The petitioner further submitted that the practice also wreaks havoc on the lives of many women and their children, especially those belonging to the weaker economic sections of society.
A petition has been moved in the Supreme Court seeking to declare that "Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq" are void and unconstitutional.
The petition has been filed by one 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.
The petitioner was married to a man as per Muslim rites on December 25 2020 and has a male child from wedlock. Petitioner claimed that her parents were compelled to give dowry and later she was tortured for not getting a big dowry.
Petitioner also claimed that her husband and his family members tortured her physically-mentally not only after the marriage but also during the pregnancy which made her seriously ill.
When Petitioner's father refused to give dowry then her husband gave her Unilateral Extra-Judicial Talaq-E-Hasan through a Lawyer, which is totally against Articles 14, 15, 21, 25 and UN Conventions, the petitioner's lawyer said.
The petitioner has urged to direct and declare the practice of "Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq" is void and unconstitutional for being arbitrary, irrational and violative of Articles 14, 15, 21, 25.
The petitioner also sought to direct and declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 is void and unconstitutional for being violative of Articles 14, 15, 21, 25, in so far as it validates the practice of "Talaq-E-Hasan and other forms of unilateral extra-judicial talaq".
It also sought to declare the Dissolution of Muslim Marriages Act, 1939, is void and unconstitutional for being violative of Articles 14, 15, 21, and 25 in so far as it fails to secure for Muslim women the protection from "Talaq-E-Hasan and other forms of unilateral extra-judicial talaq".
The petitioner also sought to issue direction to frame guidelines for Gender Neutral Religion Neutral Uniform Grounds of Divorce and Uniform Procedure of Divorce for all.
