Plea in SC seeks uniform law for divorce, ban on Talaq-E-Hasan
May 02, 2022
New Delhi [India], May 2 : A plea 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.
It also seeks 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.
"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.
Further, it was 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.
The petitioner was married to a man as per Muslim rites on December 25, 2020, and has a boy from wedlock.
She has claimed that her parents were compelled to give dowry and later she was tortured for not getting a big dowry. She 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 the 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, 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 for divorce and a uniform procedure of divorce for all.
