Woman seeks intervention in SC in plea towards ‘Talaq-e-Hasan’

By PTI

NEW DELHI: A girl has moved the Supreme Court towards a petition looking for to declare ‘Talaq-e-Hasan’ and all different types of ‘unilateral extra-judicial talaq’ as void and unconstitutional.

The plea, looking for intervention, filed by one Qurrat Ul Ain Latif, stated the unique applicant has benefitted from extra-judicial divorce permissible underneath the Shariat and that she was in a position to exit from a foul marriage with out having to go to the courtroom and add to the pendency of judicial proceedings.

“The applicant is filing the present application for the limited purpose of demonstrating to this Hon’ble Court that a Writ Petition with broadly the same issue is pending before the Hon’ble High Court of Delhi where notice has been issued.”

“Therefore, the Petitioner may be well advised to urge her grounds before the High Court, which is seized of the issue. It is stated, if the High Court gets the first chance to adjudicate, then the party retains a valuable right to appeal,” the plea looking for intervention stated.

The authentic petition, filed by Ghaziabad resident, Benazeer Heena, who claimed to be a sufferer of “unilateral extra-judicial Talaq-E-Hasan”, additionally sought a path to the Centre to border pointers for impartial and uniform grounds of divorce and process for all residents.

In Talaq-e-Hasan, talaq is pronounced as soon as a month, over a interval of three months.

If cohabitation is just not resumed throughout this era, divorce will get formalised after the third utterance within the third month.

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

The first/second utterances of talaq are deemed invalid.

The petitioner, who claimed to have been given such a divorce, contended that the police and authorities instructed her that Talaq-e-Hasan is permitted underneath Sharia.

“The Muslim Personal Law (Shariat) Application Act, 1937, conveys a wrong impression that the law sanctions Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq, which is grossly injurious to the fundamental rights of married Muslim women and offends Articles 14, 15, 21 and 25 of the Constitution of India and the international conventions on civil and human rights,” the petition, filed by advocate Ashwani Kumar Dubey, submitted.