New Delhi, Aug 16 : The Supreme Court on Tuesday orally noted the practice of Talaq-eHasan among Muslims to divorce is in the first instance not a violation of the law, and added that it doesn’t want this to be used as an excuse for any other reason. A bench, headed by Justice Sanjay Kishan Kaul said that the court is of the view that Talaq-eHasan is not particularly wrong.”Prima in all likelihood, this (Talaq-e-Hasan) is not wrong.Women can also choose.Khula is there,” observed Justice Kaul.
The bench, including Justice M.M.Sundresh and Justice M.M.Sundresh, stated that prima facie it was not in agreement with the petitioner.Talaq-eHasan is the method by which the Muslim woman can get divorced by uttering the word talaq once per month, for three months.”Don’t want this to turn into the basis for an agenda,” said the bench.
Senior lawyer Pinky Anand, who represented the petitioner, claimed that, even though the supreme judge declared triple talaq in violation of the Constitution but left the question of Talaq-e-Hasan unresolved.
The bench noted that women have a similar option in the form of “Khula” as well as courts can grant divorce through mutual consent in cases of irreparable break-up of marriage.”This isn’t triple talaq.If two persons are unable to reside together, we’re giving divorce due to irretrievable breakup of the marriage” stated the bench.
The bench also questioned the counsel for the petitioner, was the petitioner willing to divorce through mutual consent in the event that mehar is taken into the care of? The top court has scheduled a hearing on the issue on August 29 and has asked counsel to follow instructions in the case.
The Supreme Court was hearing a petition for the court to declare “Talaq-E-Hasan and all other types of non-judicial unilateral talaq,” unconstitutional for being unreasonable, arbitrary and in violation of Articles 14 15, 21, and 25 of the Constitution.
The petition also demanded a direction to the Centre to develop guidelines for uniform, neutral grounds of divorce as well as a uniform procedure of divorce that is applicable to all citizens.The petition was submitted by journalist Benazeer Sheena through Advocate Ashwani Kumar Dubey.
The plea stated that the practice of Talaq-E-Hasan as well as other types of unilateral extra-judicial Talaq is not in accordance with the modern notions of equal rights for women and men and is not a fundamental element of Islamic religion.”Many Islamic nations have restricted this practice, yet it continues to cause a lot of trouble for Indian society in general, and Muslim women such as the one who filed the petition in particular.It is claimed that the practice causes destruction to the life of several women and children particularly those who belong to the less economic classes of the population,” It added.
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