People will pre-judge us if we ban talaq pronounced via WhatsApp, email: Supreme Court

The Supreme Court on Wednesday took note of concerns that some Muslim men have been trying to get divorced by issuing "virtual talaqs" through WhatsApp and email to their wives.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi refrained from acceding to a request to issue directions to curb such practices today, noting that these are sensitive issues that should be tackled after due consideration.

"If we bar virtual talaqs, people will pre-judge us. We will not shy away from issuing directions, but that we will do only after hearing both sides. These are sensitive issues, you see," CJI Kant said while addressing counsel representing two spouses on either side of a matrimonial dispute.

The Court was hearing a public interest litigation (PIL) filed by journalist Benazeer Heena in 2022 and connected matters.

In her PIL, Heena has challenged the constitutionality of talaq-e-hasan - a practice by which a Muslim man can divorce his wife by saying the word "talaq" once a month for three months. The PIL also sought directions for guidelines on a gender and religion-neutral procedure and grounds for divorce.

Heena claimed that her husband, Advocate Yusuf Naqi, had divorced her by sending a talaq-e-hasan notice through a lawyer. This, she said, was after her family refused to pay dowry, even as her in-laws were harassing her for the same. She contended that this did not form a valid service of talaq. She argued that since he had not divorced her properly, she was finding it difficult to prove that she was a divorcee, even though her husband had since remarried.

In a November 2025 hearing of the matter, the Court had directed Heena's estranged husband to follow the prescribed practice for divorce. It had also orally questioned if the practice of talaq-e-hasan should continue to be permitted in a civilised society.

During today's hearing, Heena's counsel, Advocate Dr Syed Rizwan Ahmed, argued that Naqi has avoided properly complying with the Court's earlier direction to serve proper talaq.

"He sent all three talaqs through post...all to wrong addresses. Then he says his quota of talaq is over. This is fraud they are playing on this Court. A narrative is set that the Holy Quran is a holy book. But it is a law book also. Immunity of personal law cannot go unchecked. Such practices cannot be found in the holy Quran. Some Muslim husbands are delivering WhatsApp talaq sitting on toilet seats! He is not in the border or Navy!" he submitted.

Senior Advocate MR Shamshad, representing Naqi, maintained that his client had sent the talaqs through post to the correct address.

"All the three (posts) have gone into the address which is mentioned in their affidavit itself... I have gone and personally verified the address," Shamshad said.

The Court went on to observe that if it is a case where the wife (petitioner) is deliberately evading the service of talaq, directions can be issued to make sure that she accepts service of the same.

"Even if the wife is evading talaq...you can approach us for deemed service on her. Even a newspaper ad can be put for the same," CJI Kant said.

The Court went on to muse that the present case had less to do with religion and was more tied to human issues.

"Question is not of religion. But this is a human-related issue...That is why we spoke of amicable settlement of this dispute," CJI Kant remarked.

The petitioner's counsel, meanwhile, pressed for the matter to be referred to mediation.

"Why is he running away from this marriage? If he believes in Shariat, then he can marry two or three also. Why not get into mediation then?" Advocate Ahmed contended.

The Court proceeded to refer the petitioner's dispute with her husband to mediation and requested retired Supreme Court Justice Kurian Joseph to act as the mediator.

"We respect all religions. While respecting all religions, the Court should ensure the least interference in religious affairs unless we find that protection of internal values are directly hitting human rights and then human rights have an overriding effect. But the first thing is, how to bring these two young people (to resolve their dispute)...we will appoint a mediator and send them to our mediation centre. Think of amicably resolving the dispute... Justice Kurian Joseph is a former judge and a renowned mediator. He has solved many complex problems," the Bench said.

The petitioner's counsel urged the Court to pass a direction, in the meanwhile, to ban WhatsApp and email talaqs by invoking its inherent powers under Article 142 of the Constitution of India.

However, the Court refrained from issuing any directions today, although it clarified that it will not shy away from intervening if needed at a later stage.

"We find that there is an urgent and dire necessity to refer the parties for mediation for finding out amicable solution and a valid dissolution of marriage through valid talaq...The parties will be helped by a senior mediator and find some other way to resolve their dispute...Upon our suggestion, the parties have agreed to go for mediation. Given the complex issue, we request Justice Kurian Joseph to act as the sole mediator between the parties...Let an endeavour be made to resolve the dispute within 4 weeks," the Court ordered.

Heena's plea was filed through Advocate Pulkit Agarwal.