LAGATAR24 DESK
New Delhi: The Supreme Court on Thursday last remarked that the practice of Talaq-e-Hasan among Muslims for divorce is not prima facie improper, reports Bar and Bench.
A Bench of Justices Sanjay Kishan Kaul and MM Sundresh also said that the case pending before the Court challenging the practice should not be used to further any agenda.
“Prima facie this (Talaq-e-Hasan) is not so improper. Women also have an option. Khula is there. Prima facie I don’t agree with petitioners. Let us see. I don’t want this to become an agenda for any other reason,” Justice Kaul remarked.
Talaq-e-Hasan is the practice by which a Muslim man can divorce his wife by saying the word “talaq” once a month, for three months.
The petition filed by journalist Benazeer Heena, through advocate Ashwani Kumar Dubey, has sought a declaration that the practice is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.
The petitioner submitted that her husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer on April 19 after her family refused to pay dowry, even as her in-laws were harassing her for the same.
The plea sought guidelines on a gender and religion neutral procedure for divorce.
Terming the practice as “unilateral extra-judicial talaq”, the plea stated that banning it is the need of the hour, as it is not harmonious with human rights and equality and is not necessarily part of the Islamic faith.
The practice is misused and is discriminatory since only men can exercise the same, it was contended.
The Court during the hearing today said that women also have a similar option by way of ‘Khula’. Courts also grant divorce by mutual consent in case of irretrievable breakdown of marriage, the bench remarked.
“This is not triple talaq. You (women) also have option of Khula. If two people cannot live together, we are also granting divorce by irretrievable breakdown of marriage. Are you open to divorce my mutual consent if mehar is taken care of,” the bench asked the petitioner.
The bench also asked whether the petitioner would be open to divorce if if payment is made over and above mehar.
It asked the counsel for the petitioner to take instructions in this regard and posted the case for further consideration on August 29.
A similar plea is also pending before the Delhi High Court which had, in June this year, sought responses from the Delhi Police and a Muslim man after his wife filed a petition challenging a Talaq-e-Hasan notice allegedly sent by him.
The plea in the Delhi High Court has been filed by a woman through Advocate Shubham Jha.
The woman claimed that she got married to a man in September 2020. She alleged that her husband’s family compelled her mother to organise a lavish marriage ceremony and demanded dowry. When her family refused to fulfil the unjustified demands of cash and expensive gifts, she was tortured physically and mentally due to which she filed a domestic violence complaint with the Delhi Commission for Women, the plea stated.
The petition said that her husband subsequently preferred the route of Talaq-e-Hasan and gave her the first notice for the same with a view to compelling her to withdraw all legal complaints against him and his family members.
The plea called the practice an abominable one when seen in the light of the progressive times of the 21st century.
The plea further pointed out that since the Supreme Court has already declared triple talaq as illegal in the case of Shayara Bano, forms of “unilateral extra-judicial talaq” should not exist.
Therefore, the petitioner said that Talaq-E-Hasan is not only arbitrary, illegal, baseless and an abuse of law, but also goes against Articles 14, 15, 21, 25 of the Indian Constitution and United Nations Conventions.
