Uniform Laws On Divorce: SC Issues Notice To Respondents On Mohammed Shami’s Wife’s Plea

The Supreme Court issued notice to the concerned respondents on Monday in response to a petition filed by Cricketer Mohammad Shami’s wife, Hasin Jahan, seeking guidelines for “gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all.”

A bench led by Justice DY Chandrachud grouped the petition with others raising similar issues.

The petitioner stated that she is dissatisfied with the unilateral form of extra-judicial Talaq, Talaq-Ul-Hasan, and that she has received a notice of 1st pronouncement of divorce under Talaq-Ul-Hasan dated July 23, 2022, issued by the petitioner’s husband, Mohammad Shami.

Upon receiving such notice, the petitioner contacted her family and friends, who all expressed similar grievances about their husbands unilaterally divorcing them based on their own whims and fancies.

Thus, by way of The Muslim Personal Law (Shariat) Application Act, 1937, the petitioner has approached the court seeking adjudication of larger issues related to “Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq” that are still prevalent and in force under the Muslim Personal Laws (Shariat).
The Petitioner stated that she is an aggrieved wife who has been subjected to the abuse of the draconian practices being followed under the Muslim Personal Laws (Shariat), wherein, aside from Talaq-e Biddat, there are numerous other forms of unilateral Divorce, known as Talaq, which provide unfettered powers over the Muslim man, to divorce a Muslim woman, in a whimsical and capricious manner, without affording any right of reconciliation or being heard in any manner, to the Muslim women, being discriminatory on the basis of sex and gender, thereby violating the basic Fundamental Rights of the women, guaranteed under Article 14,15 and 21 in the Constitution of India, 1950.

Notably, such forms of Talaq include one Talaq-E-Hassan, also known as Talaq-Ul-Hassan, which is being grossly abused by Muslim men, as by way of this form of Talaq, the Muslim man has the unilateral extra-judicial form of power to make three pronouncements of talaq, spread over three consecutive months, upon completion of which, the marriage shall stand dissolved, without hearing the Muslim women, the plea said.

As a result, the petitioner has sought to frame guidelines for “gender-neutral religion-neutral uniform grounds for divorce and uniform divorce procedure for all.” The petitioner also sought to declare void and unconstitutional the practice of “Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq” as arbitrary, irrational, and in violation of Articles 14, 15, 21, and 25.

The petition also requested that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 be declared void and unconstitutional for violating Articles 14, 15, 21, and 25 by validating the practice of “Talaq-E-Hasan and other forms of unilateral extra-judicial talaq.”

The petition also sought to declare the Dissolution of Muslim Marriages Act, 1939, void and unconstitutional for failing to protect Muslim women from “Talaq-E-Hasan and other forms of unilateral extra-judicial talaq” in violation of Articles 14, 15, 21, and 25.