SC Fixes Nov 19-20 For Final Hearing On Pleas Against ‘Talaq-e-Hasan’

Supreme Court of India

The Supreme Court on Monday scheduled the final hearing for November 19–20 on petitions challenging the constitutional validity of Talaq-e-Hasan and other forms of “unilateral extrajudicial divorce” among Muslims.

Talaq-e-Hasan allows a Muslim man to dissolve his marriage by pronouncing the word talaq once a month over three consecutive months. If cohabitation does not resume during this period, the divorce is considered final. However, if the couple reconciles after the first or second pronouncement, the marriage continues.

Bench Seeks Views Of National Commissions

A bench of Justices Surya Kant and Joymalya Bagchi, hearing a batch of nine petitions filed by victims and other aggrieved parties, sought the opinions of the National Commission for Women (NCW), National Human Rights Commission (NHRC), and National Commission for Protection of Child Rights (NCPCR).

“If there is any material including some books or scriptures that may be produced. An opinion of the NCW, NHRC and NCPCR should be on record for proper assistance. We request ASG K M Nataraj to seek instructions and ensure that their opinions are brought on record,” the bench said.

The court also allowed all intervention applications, stating that they could assist in the final hearing.

Centre’s Stand

When asked about the Centre’s stance, counsel Ashwini Kumar Upadhyay said no counter affidavit had been filed in the matter. However, he pointed out that in the Triple Talaq case, the Centre had opposed all forms of “unilateral extrajudicial divorce.”

One of the opposing counsels argued that the petitions may face issues of maintainability and the petitioners’ locus standi. The bench, however, dismissed these concerns, stating, “We should not be worried about technicalities at this stage. There are individuals who are affected and are before this court. We will look into it.”

Petitions Seek Uniform Divorce Guidelines

Among the petitions is one filed by Ghaziabad resident Benazeer Heena, who claims to be personally affected by Talaq-e-Hasan. The petitioners have also urged the court to direct the Centre to frame gender- and religion-neutral, uniform grounds and procedures for divorce applicable to all citizens.

The apex court had earlier impleaded the husbands of the petitioners and sought their responses. In October 2022, it admitted the pleas and sought directions to declare Talaq-e-Hasan and other such practices unconstitutional.

In August 2022, the court clarified that its immediate priority was to provide relief to women claiming to be victims of Talaq-e-Hasan, before deciding the practice’s constitutional validity.

The matter will now be taken up for conclusive arguments in November, potentially paving the way for a significant ruling on the legality of this form of divorce.