New Delhi Aug 17 :- The Supreme Court on Tuesday said Talaq-e-Hasan — which is pronounced once a month over three months — is not the same as instant triple-talaq which has been declared illegal by the court and observed that “prima facie” it is also not so improper as women also have an option of ‘khula’ divorce.
A bench of Justices Sanjay Kishan Kaul and M M Sundresh was hearing a petition filed by a Gaziabad-based Muslim woman challenging the validity of Talaq-e-Hasan.
In Talaq-e-Hasan, ‘talaq’ is pronounced once a month, over a period of three months and if cohabitation does not resume during this period, the divorce gets formalised after the third utterance in the third month.
Senior advocate Pinky Anand, appearing for the petitioner who was given divorce by her husband through Talaq-e-Hasan, contended that the Supreme Court has declared instant triple-talaq (Talaq-e-biddat) as unconstitutional but validity of Talaq-e-Hasan was not examined and which should be done by the court now. The petitioner alleged that the practice of Talaq-e-Hasan and other forms of “unilateral extra-judicial talaq” is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith.
“Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general. ,” the petition said.
The bench, however, said that women have the option of ‘khula’, a process of divorce which can be initiated by the wife.
It said that divorce could be granted through mutual consent if the husband and the wife did not want to live together. The court, thereafter, asked the petitioner whether she was willing to go for consent divorce.
“We have also put to learned counsel whether in view of the allegation of respondent (husband) of irretrievable breakdown of marriage, would the petitioner be willing for a settlement by process of divorce by mutual consent on amounts being paid over and above the ‘meher’ fixed. In fact, we have brought to their notice that dissolution of marriage is also possible without the intervention of the court through ‘mubarat’,” the bench said in its order.
The petitioner approached the court through her lawyer Ashwini Upadhyaya and contended ‘Talaq-e-Hasan and other forms of unilateral extra-judicial talaq is an evil plague similar to sati”.
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