Legal News

Supreme Court will hear a petition contesting divorce under the Talaq-e-Hasan law tomorrow

By - Vanshika Sahu

The PIL requested guidelines on a gender and religion-neutral divorce procedure and grounds.

On Thursday, the Supreme Court decided to hear a petition seeking a directive declaring the practise of Talaq-e-Hasan and other kinds of unilateral extrajudicial Talaqs illegal and unconstitutional.

Following an urgent mention of the issue by Advocate Ashwini Upadhyay, a bench of Justice AS Bopanna and Justice Vikram Nath ordered the same. The victim has already gotten two Talaq letters, according to Upadhyay, and the last notice will arrive on June 19.

Senior Advocate Pinki Anand, who was representing petitioner Benazeer Heena, had previously argued, "Talaq E Hasan is a unilateral, irreversible talaq that resembles triple talaq. So, if the court does not hear the case, the talaq will take effect on June 19th."

The Court then directed the petitioner to file a request with the registry, which was handled by Advocate Ashwini Upadhyay. Earlier, a bench consisting of Justice DY Chandrachud and Justice Bela M Trivedi had urged the petitioner's attorney to bring the case up again next week, stating that the matter was not urgent.

"Muslim women can't administer Talaq-E-Hasan & other types of unilateral extra-judicial talaq, but Muslim males may," according to the PIL filed by Benazeer Heena through Advocate Ashwini Upadhyay.

The petition also asks for guidance on drafting standards for gender-neutral, religion-neutral, uniform grounds for divorce, and consistent divorce procedures.

Petition is about?

The petition asks that the Dissolution of Muslim Marriages Act, 1939, be declared void and unconstitutional for failing to protect Muslim women against "Talaq-E-Hasan and other kinds of unilateral extra-judicial talaq" in violation of Articles 14, 15, 21, and 25. As per the petition "The practise also wreaks devastation on the lives of many mothers and their children, especially those belonging to the poorer economic sections of society".

Heena has filed the PIL for the development of socially and economically oppressed and marginalised persons, according to the petition. According to the complaint, Heena married Yusuf Naqi on December 25, 2020, according to Muslim customs, and a male child was born out of wedlock. Heena's parents were allegedly forced to contribute dowry, and she was later tormented for not receiving a large dowry.

The plea also claims that Heena's husband and family tortured her physically and mentally not only after the marriage but also during her pregnancy, causing her to become seriously ill, and that when Heena's father refused to pay dowry, her husband used a lawyer to give her a Unilateral Extra-Judicial Talaq-E-Hasan. Heena has contended that such a divorce is in direct violation of the Indian Constitution's Articles 14, 15, 21, and 25 as well as United Nations Conventions.

An intervention application has been filed in opposition to the petition challenging provisions in Muslim law that permit the practise of Talaq-e-Hasan and other kinds of unilateral extrajudicial Talaq.

The petitioner woman has already "benefitted" from the practise of extrajudicial divorce, which is already legal under Shariat, according to the application submitted by one Qurrat Ul Ain Latif.

Case Title: Benazeer Heena Vs. Union of India & Ors.