Today, 3rd December, The Supreme Court is set to examine the constitutional validity of Talaq-e-Hasan, an extrajudicial Muslim divorce practice. The Court has scheduled the hearing for 21st January and directed that a counter be filed within four weeks.
New Delhi: The Supreme Court heard a challenge to the constitutional validity of Talaq-e-Hasan, an extrajudicial Muslim divorce practice where the husband pronounces “talaq” once a month over three months, leading to the dissolution of marriage.
The matter is being heard by a bench comprising CJI Surya Kant, Justice Ujjal Bhuyan, and Justice NK Singh.
During the proceedings, the Court issued several directions in favour of the child of the parties.
The bench ordered that ,
“Passport shall be issued to the favour of the child at the earliest. Direction to grant admission to the child.“
The Court also directed the branch manager of PNB to open a bank account in the name of the child, with the mother acting as guardian. Additionally, the father of the child is to give consent for updating the child’s Aadhaar card and any other consent required for education.
The petitioner argued before the Court, stating,
“We know that if the girl is educated so she cant claim maintenance. She is not working but is not asking anything. Since 36 months she has recieved nothing. we just want 20000 for the child. If they had been living with him would he be living in 20000 doing everything.”
Responding, the counsel for the respondent said,
“India is a diverse country. 20000 is the income of 80% of the country.”
After hearing both sides, the bench remarked,
“We will look into it. Whether she has the right or not we will keep it open. 10000 for the child.”
The petitioner also sought retrospective payment for the past 36 months.
In response, the Court directed that a counter be filed within four weeks and listed the matter for hearing on 21st January.
Earlier, In November, The Supreme Court agreed to hear a plea challenging the constitutional validity of extrajudicial divorce practices among Muslims, including Talaq-e-Hasan.
During the last hearing, the petitioner’s counsel urged the Court to consider one specific case that showed extreme hardship.
The petitioner herself appeared in court.
Talaq-e-Hasan is a form of extrajudicial divorce allowed under certain Muslim personal laws. It is different from instant triple talaq (Talaq-e-Biddat) because here the process is gradual and follows a month-wise interval, giving room for reconsideration.
Case Title: Benazeer Heena v. Union of India & Ors.
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