The Supreme Court has called for opinions from NCW, NHRC, and NCPCR while hearing pleas challenging the validity of Talaq-e-Hasan. The case, filed by journalist Benazeer Heena, will be heard finally on November 19, 2025.
New Delhi: On August 11, the Supreme Court asked for the opinions of the National Commission for Women (NCW), the National Human Rights Commission (NHRC), and the National Commission for Protection of Child Rights (NCPCR) while hearing petitions that challenge the practice of Talaq-e-Hasan.
The matter was heard by a Bench of Justice Surya Kant and Justice Joymalya Bagchi.
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During the hearing, Advocate Ashwini Kumar Upadhyay informed the Court that most of the points in this case had already been discussed earlier in the triple talaq case. However, the Bench remarked,
“We’ll hear the matter individually.”
In its order, the Supreme Court stated,
“We allow all the IAs seeking intervention. They may not file counter affidavits but assist us during final hearing. 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 Shri K.M. Nataraj, ASG, to seek instructions and ensure that their opinions are brought on record.”
When one of the Respondents highlighted that in the Shayara Bano case, the majority judges had held Talaq-e-Biddat to be arbitrary but had not made rules regulating Sharia, Justice Surya Kant responded,
“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.”
The Court has now fixed the case for final hearing on November 19, 2025.
Background of the case
The petition was filed by Benazeer, a journalist, after her husband sent her the first notice of Talaq-e-Hasan through a lawyer. She also requested the Court to direct the Central Government to make guidelines for neutral and uniform grounds and procedures for divorce that would apply to all citizens, regardless of religion.
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In April 2022, an FIR was filed at Vijay Nagar Police Station, Ghaziabad, against Benazeer Heena’s husband and his relatives under Sections 498A, 332, 504, 506, and 406 of the Indian Penal Code (IPC) and the Dowry Prohibition Act.
In her petition, she asked the Court to declare Talaq-e-Hasan and all other types of “unilateral extra-judicial talaq” as invalid and unconstitutional, saying they were arbitrary, irrational, and violated the fundamental rights of women.
Talaq-e-Hasan is a type of divorce in which the husband pronounces the word “talaq” once a month, over a period of three months. If the couple does not start living together again during this period, the divorce becomes final after the third pronouncement in the third month.
However, if the couple reconciles and resumes living together after the first or second pronouncement, the divorce process stops and those earlier pronouncements become invalid.
On May 25, 2022, Senior Advocate Pinky Anand mentioned the petition before a Bench of Justice D.Y. Chandrachud and Justice Bela Trivedi, saying that Benazeer had already received the second talaq notice. At that time, the Bench said there was no urgency in the matter but allowed her to bring it up again the following week.
Later, on August 16, 2022, a Bench of Justice S.K. Kaul and Justice M.M. Sundresh gave time to Pinky Anand to discuss with Benazeer whether she would agree to divorce by mutual consent if the meher (dower) was taken care of.
The Bench observed,
“Prima facie this is not improper. Women also have an option of Khula. Prima facie I do not agree with the petitioners. I don’t want to make an agenda of it for any other reason.”
Case Title:
Benazeer Heena v. Union of India & Ors.
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