The prima facie impropriety of Talaq-e-Hasan was rejected by the Supreme Court through the learned bench led by HONOURABLE MR. JUSTICE Sanjay Kishan Kaul in the case of Benazeer Heena v. Union of India & Ors. (Civil Writ jurisdiction No.348 of 2022)
FACTS OF THE CASE: Brief facts of the case are as follows; In the present case, a writ petition was filed by a Muslim woman challenging the constitutionality of divorce through “Talaq E Hasan” on the ground that it is discriminatory against women. The petitioner alleged that her husband had sent her the first instalment of talaq through a speed post on April 19. The petitioner’s counsel submitted that she received the second and third notices in the subsequent months. The counsel appearing for the petitioner submitted that though the Supreme Court declared triple talaq unconstitutional, it left the issue of Talaq-E-Hasan undecided. The petitioner argued that the practice is discriminatory since only men can exercise the same and sought a declaration that the practice is unconstitutional as it was arbitrary and violated Articles 14, 15, 21 and 25 of the Constitution. According to the petitioner, it was not an essential practice of the Islamic faith.
JUDGEMENT: After reviewing the submissions of both sides, the Hon’ble court opined that the court asked the petitioner whether she would consider the alternative of after taking meher being awarded divorces on the grounds of ‘irretrievable collapse of marriage’. The court noted that talaq e Hasan isn’t inherently wrong, to start with. Women can choose as well. There is Khula. The court also remarked that it didn’t want the petition to turn into an agenda for any other reason. On the petitioner’s counsel seeking time to get instructions, the bench adjourned the matter till August 29.
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Judgement reviewed by – Abhinav Paul Mathew