SC lists plea challenging Muslim divorce through ‘Talaq-e-Hasan’

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The Supreme Court on Monday agreed to list on July 22 the writ petition challenging the practice of divorce through the Muslim personal law practice of Talaq-e-Hasan, as per which a man can divorce his wife by pronouncing “talaq” once a month for three months.

The petition was mentioned before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli by senior Advocate Pinky Anand.

Urging the bench to list the petition, senior counsel said the petitioner had received three notices of divorce which have now become irrevocable.

Aceeding to the request made by senior counsel, CJI said, “Okay post after 4 days.”

The Public Interest Litigation petition was filed by journalist Benazeer Heena through Advocate-on-Record Ashwani Kumar Dubey. The petitioner alleged that her husband has sent her the first installment of talaq through a speed post on April 19. The petitioner’s counsel submitted that she received the second and third notices in the subsequent months.

The petitioner argues that the practice is discriminatory since only men can exercise the same and seeks a declaration that the practice is unconstitutional as it is arbitrary and violative of Articles 14, 15, 21 and 25 of the constitution. According to the petitioner, it is not an essential practice of Islamic faith.

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