Supreme Court Questions Legality of Talaq-e-Hasan: Can a Divorce by Post be Allowed in Modern Society?
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The Supreme Court has raised questions about the practice of Talaq-e-Hasan, a form of divorce where a Muslim man can divorce his wife by pronouncing 'talaq' once a month over three months. The court expressed concerns that this practice may be discriminatory and violative of a woman's dignity. The bench, led by Justice Surya Kant, noted that the issue goes beyond individual disputes and affects 'society at large,' warranting judicial scrutiny. The court is examining the constitutional validity of Talaq-e-Hasan and has sought opinions from various human rights commissions. The petitioner, a woman who received her third and final notice of Talaq-e-Hasan in June 2022, argued that the practice is incompatible with constitutional values. The court praised her courage in approaching the court but pointed out that many women may not have the means or resources to challenge such divorces. The court has directed the husband to be present in court and has posted the matter for further hearing on November 26.
