The Supreme Court will hear on Friday the plea challenging the practice of Talaq-e-Hasan among Muslims [Benazeer Heena v. Union of India & Ors]..Talaq-e-Hasan is the practice by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months.The petition filed by journalist Benazeer Heena, through advocate Ashwani Kumar Dubey, sought a declaration that the practice is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.Advocate Ashwini Kumar Upadhyay mentioned the matter today before a bench of Justices AS Bopanna and Vikram Nath stating that since third talaq by the petitioner's husband would be pronounced on June 19, 2022, the matter has to be heard on an urgent basis. The bench acceded and agreed to list it tomorrow. .Last month, another vacation bench of Justices DY Chandrachud and Bela Trivedi had said that there was no urgency in the matter and refused to grant early listing. It had, however, granted liberty to the petitioner to mention the matter again. .The petitioner has submitted that her husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer on April 19 after her family refused to pay dowry, even as her in-laws were harassing her for the same.The PIL sought guidelines on a gender and religion neutral procedure and grounds for divorce.Terming the practice as "unilateral extra-judicial talaq", the plea stated that banning it is the need of the hour, as it is not harmonious with human rights and equality and is not necessary in the Islamic faith.The petitioner contended that the practice is misused and since only men can exercise the same, it is discriminatory as well.
The Supreme Court will hear on Friday the plea challenging the practice of Talaq-e-Hasan among Muslims [Benazeer Heena v. Union of India & Ors]..Talaq-e-Hasan is the practice by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months.The petition filed by journalist Benazeer Heena, through advocate Ashwani Kumar Dubey, sought a declaration that the practice is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.Advocate Ashwini Kumar Upadhyay mentioned the matter today before a bench of Justices AS Bopanna and Vikram Nath stating that since third talaq by the petitioner's husband would be pronounced on June 19, 2022, the matter has to be heard on an urgent basis. The bench acceded and agreed to list it tomorrow. .Last month, another vacation bench of Justices DY Chandrachud and Bela Trivedi had said that there was no urgency in the matter and refused to grant early listing. It had, however, granted liberty to the petitioner to mention the matter again. .The petitioner has submitted that her husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer on April 19 after her family refused to pay dowry, even as her in-laws were harassing her for the same.The PIL sought guidelines on a gender and religion neutral procedure and grounds for divorce.Terming the practice as "unilateral extra-judicial talaq", the plea stated that banning it is the need of the hour, as it is not harmonious with human rights and equality and is not necessary in the Islamic faith.The petitioner contended that the practice is misused and since only men can exercise the same, it is discriminatory as well.
