SC to hear plea challenging Talaq-e-Hasan after four days
Jul 18, 2022
New Delhi [India], July 18 : The Supreme Court on Monday said that the plea challenging the practice of Talaq-e-Hasan will be listed after four days.
Senior Advocate Pinky Anand, appearing for the petitioner, apprised the court that the woman has received a third notice of talaq and she has a minor child.
A bench headed by Chief Justice of India NV Ramana said to list the matter after four days.
A plea was moved in the Supreme Court by a Muslim woman seeking to declare "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 practices, 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.
The petition has sought 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 petitioner was married to a man as per Muslim rites on 25 December 2020 and has a son from wedlock. The petitioner claimed that her parents were compelled to give dowry and later she was tortured for not getting a big dowry.
The 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 the petitioner's father refused to give dowry, her husband gave her Unilateral Extra-Judicial Talaq-E-Hasan through a lawyer, which is totally against the 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" void and unconstitutional for being arbitrary, irrational and violative of Articles 14, 15, 21, and 25.
The petitioner also sought to direct and declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 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 as void and unconstitutional for being violative of the aforesaid 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".
