Justice Sanjay Bench Kishan Kouli And MM Sundaresh was hearing a plea by a Ghaziabad-based Muslim woman challenging the legality of Talaq-e-Hasan.
In Talaq-e-Hasan,divorceThe pronouncement is made once a month, over a period of three months and if cohabitation does not resume during this period, the divorce becomes formal after the third pronouncement in the third month.
senior counsel pinky anandIt was argued on behalf of the petitioner who was divorced by her husband through talaq-e-hasan that the Supreme Court has declared instant triple-talaq (talaq-e-biddat) unconstitutional, but talaq-e-hasan Validity has not been checked. And what the court should do now. The petitioner alleged that the practice of talaq-e-hasan and other forms of “unilateral extra-judicial divorce” is neither in consonance with the modern principles of human rights and gender equality, nor an integral part of the Islamic faith.
“Several Islamic countries have banned such practice, while it continues to haunt the Indian society in general,” the petition said.
However, the bench said that women have the option of ‘khula’, a process of divorce which can be initiated by the wife.
It states that if the husband and wife do not want to live together, then divorce can be given by mutual consent. The court then asked the petitioner whether he was ready to take divorce by consent.
“We have also asked the learned counsel whether in view of the allegation of irrevocable breakdown of the marriage of the respondent (husband), whether the petitioner can settle on the amount to be paid in excess of ‘meher’ by the process of divorce by mutual consent. Will be ready.’ Resolved. In fact, we have brought to their notice that through ‘Mubaarat’ the dissolution of marriage is also possible without the intervention of the court,” the bench said in its order.
The petitioner had approached the court through his lawyer Ashwini Upadhyay and argued that ‘Talaq-e-Hasan and other forms of unilateral extra-judicial divorce are a wicked plague like Sati.