New Delhi: The Supreme Court has prima facie observed that the practice of divorce under Muslim personal law through which a man may divorce his wife by saying ‘talaq’ once a month for three months is “not so improper”.
The court was hearing a writ petition filed by a Muslim woman challenging the constitutionality of divorce through the practice called Talaq-e-Hasan, reported LiveLaw. Journalist Benazeer Heena, through Advocate-on-Record Ashwani Kumar Dubey, has alleged that her husband sent her the first ‘talaq’ through a speed post on April 19, and the second and third notices in subsequent months.
Heena has argued that the process is discriminatory as only men have the power to exercise it. She notes that not only is the practice essential to Islamic faith but that it also violates Articles 14, 15, 21 and 25 of the constitution.
“Women also have an option, Khula is there,” Justice Sanjay Kishan Kaul, heading a bench also comprising Justice M.M. Sundresh, said.
“Prima facie I don’t agree with petitioners. I don’t want this to become an agenda for any other reason,” Justice Kaul also said.
In 2019, the Muslim Women (Protection of Rights on Marriage) Bill was passed by the parliament, to be made into a law that criminalised instant triple talaq, or Talaq-e-Biddah.
The lawyer for the petitioner, Senior Advocate Pinky Anand, noted that while instant triple talaq had been declared unconstitutional, the issue of Talaq-e-Hasan had been “left undecided” by the court.
The apex court noted that the current petition was “not triple talaq” and that the petitioner had the options of Khula and Mubarat. A Khula takes place when the husband consents to his wife’s request for a divorce. Mubarat is a similar method of divorce through mutual consent.