Supreme Court will hear a petition challenging the legitimacy of “Talaq-E-Hasan”.
The Muslim personal law practise of Talaq-E-Hasan, which allows a man to divorce his wife by uttering “talaq” once a month for three months, is being challenged in a petition that the Supreme Court consented to list on July 22.
Senior Advocate Pinky Anand brought up the petition before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari, and Hima Kohli.
Senior Counsel urged the bench to list the petition, claiming that the petitioner had been served with three irrevocable divorce notices.
Senior Counsel’s plea was granted when CJI responded, “Okay, post after 4 days.”
Journalist Benazeer Heena filed the Public Interest Litigation suit through Advocate-on-Record Ashwani Kumar Dubey. The petitioner claimed that on April 19, her spouse sent her the first instalment of the talaq via fast post. According to the petitioner’s attorney, she received the second and third notices in the months that followed.
The petitioner claims that because only men can exercise it, the practise is discriminatory and asks that it be declared unconstitutional because it is arbitrary and in violation of Articles 14, 15, 21 and 25 of the Constitution. The petitioner claims that it is not a need for practising Islam.
