Supreme Court will hear a Petition Challenging the Validity of the Talaq-e-Hasan

SUPREME COURT LAW INSIDER

Shivani Thakur

Published on: June 19, 2022 at 14:39 IST

The Supreme Court will hear a case challenging the legality of the Muslim practice of Talaq-e-Hasan, which is one of the types of ‘Triple Talaq,’ in which Muslim men award divorce to their wives.

A five-Judge Constitution Bench, by a majority of 3:2  on August 22, 2017, had set aside the practice of giving instant ‘Triple Talaq’, “Talaq-e-Biddat”, prevalent among Muslims.

The new lawsuit opposes the tradition of ‘Talaq-e-Hasan,’ which allows a Muslim man to divorce his wife simply using the word ‘Talaq’ once a month for three months.

The Petition, filed by lawyer Ashwani Kumar Dubey, seeks a ruling that the practise is illegal because it is irrational, arbitrary, and infringes on a number of fundamental rights, including the Right to equality, life, and liberty.

The Bench agreed to list the Plea for hearing, and also sought guidelines on gender and religion-neutral procedure and grounds for Divorce.

The practice was referred to in the Petition as “Unilateral extrajudicial Talaq,” which contended that it should be outlawed because it is incompatible with human rights and equality and is not mandated by the Islamic faith.

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