Supreme Court admits pleas looking for ‘Talaq-e-Hasan’ to be declared unconstitutional

By PTI

NEW DELHI: The Supreme Court on Tuesday admitted the pleas looking for ‘Talaq-e-Hasan’ and all different types of “unilateral extrajudicial divorce” to be declared unconstitutional.

‘Talaq-e-Hasan’ is a type of divorce amongst Muslims by which a person can dissolve the wedding by saying the phrase ‘talaq’ as soon as each month over a three-month interval.

A 3-judge bench headed by Justice S Okay Kaul requested the Centre, National Commission for Women, National Human Rights Commission and others to file their responses inside 4 weeks.

“Counsel for the personal respondent (husband) has entered look and seeks to affirm that he’s not agreeable to settlement even on the problem of additional alimony.

List within the third week of January for last listening to,” the bench, additionally comprising Justices Abhay S Oka and Vikram Nath, stated.

The apex courtroom was listening to three separate petitions, together with the one filed by Ghaziabad resident Benazeer Heena, who claimed to be victims of unilateral extrajudicial Talaq-e-Hasan.

They have additionally sought path to the Centre to border the rules for gender and religion-neutral and uniform grounds of divorce and process for all residents.

The prime courtroom had earlier impeached the husbands of the petitioners and sought their response to the pleas filed by them.

When the listening to commenced right this moment, the lawyer showing for Benazeer’s husband knowledgeable the courtroom that no settlement was attainable within the dispute together with his spouse.

The bench then requested the events to file their responses and stated it’s going to hear the case within the third week of January, 2023.

The prime courtroom had in August stated its main focus is to offer reduction to 2 girls, who claimed to be victims of Talaq-e-Hasan, earlier than deciding the constitutional validity of this type of divorce.

Under Talaq-e-Hasan, a divorce will get formalised after the third utterance of the phrase ‘talaq’ within the third month if cohabitation has not resumed throughout this era.

However, if cohabitation resumes after the primary or second utterance of talaq, the events are assumed to have reconciled.

NEW DELHI: The Supreme Court on Tuesday admitted the pleas looking for ‘Talaq-e-Hasan’ and all different types of “unilateral extrajudicial divorce” to be declared unconstitutional.

‘Talaq-e-Hasan’ is a type of divorce amongst Muslims by which a person can dissolve the wedding by saying the phrase ‘talaq’ as soon as each month over a three-month interval.

A 3-judge bench headed by Justice S Okay Kaul requested the Centre, National Commission for Women, National Human Rights Commission and others to file their responses inside 4 weeks.

“Counsel for the personal respondent (husband) has entered look and seeks to affirm that he’s not agreeable to settlement even on the problem of additional alimony.

List within the third week of January for last listening to,” the bench, additionally comprising Justices Abhay S Oka and Vikram Nath, stated.

The apex courtroom was listening to three separate petitions, together with the one filed by Ghaziabad resident Benazeer Heena, who claimed to be victims of unilateral extrajudicial Talaq-e-Hasan.

They have additionally sought path to the Centre to border the rules for gender and religion-neutral and uniform grounds of divorce and process for all residents.

The prime courtroom had earlier impeached the husbands of the petitioners and sought their response to the pleas filed by them.

When the listening to commenced right this moment, the lawyer showing for Benazeer’s husband knowledgeable the courtroom that no settlement was attainable within the dispute together with his spouse.

The bench then requested the events to file their responses and stated it’s going to hear the case within the third week of January, 2023.

The prime courtroom had in August stated its main focus is to offer reduction to 2 girls, who claimed to be victims of Talaq-e-Hasan, earlier than deciding the constitutional validity of this type of divorce.

Under Talaq-e-Hasan, a divorce will get formalised after the third utterance of the phrase ‘talaq’ within the third month if cohabitation has not resumed throughout this era.

However, if cohabitation resumes after the primary or second utterance of talaq, the events are assumed to have reconciled.