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- Talaq-e-Hassan Case Hearing Updates; Hina spoke to CJI DY Chandrachud regarding divorce.
New Delhi10 minutes ago
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The Supreme Court on Friday heard a petition challenging the validity of the Talaq-e-Hasan practice. In this case, the petitioner asked the bench of CJI Chandrachud whether I cannot get a divorce with the respect with which I was married. Is Islamic personal law made only for men.
CJI Chandrachud has asked Heena’s husband to be present in the court in the next hearing. They have asked what will happen to their one and a half year old child. The next hearing of the case will be from 2 pm on May 5.
Benazir’s demand was that Talaq-e-Hasan be declared unconstitutional, as it is against the rights of Muslim women. Its rules violate Articles 14, 15, 21 and 25 of the Constitution.
Heena said- Me and my one and a half year old son came on the road
Petitioner Heena told the Supreme Court – Is there nothing for me and my son in personal law? My husband is a lawyer himself. The three notices he has sent have been sent through different lawyers. There is not even a sign on it. He has also got married for the second time. I have not been paid any maintenance. Me and my 1.5 year old son have come on the road. Is personal law only for men? Is there nothing in this for women?
Husband said- does not want to live in marriage, neither reconciliation is possible
Senior advocate Shyam Divan, appearing for Heena’s husband, said that he does not want to live in the marriage and it is not possible for him to reconcile. The husband has made payment to Heena as per personal law and the relationship has come to an end. CJI Chandrachud asked whether Heena was being given maintenance. On this, Diwan said that look at the order of Justice Kaul, he has clarified that he is not in marriage.
What is the whole matter of Talaq-e-Hasan
Benazir was married to Yusuf Naqi of Delhi on 25 December 2020 under Muslim rituals and has a son. Yusuf had thrown her out of the house following a domestic dispute in December last year. Benazir was sent the first notice by her husband on 19 April 2022. After this, by sending second and third notices in May, June, divorce was given under Talaq-e-Hasan.
Supreme Court had banned Talaq-e-biddat
On August 22, 2017, the Supreme Court termed unconstitutional the dissolution of a marriage by uttering only triple talaq. On this process called Talaq-e-biddat, most of the Muslim Ulemas had also said that it is not according to Quran.
how to divorce in islam
- The first is talaq-e-ahsan, according to Islamic scholars, the husband can divorce his wife when she is not menstruating. During this divorce, he stays away from his wife for three months under the same roof, which is called iddat. If the husband wishes, he can take back the divorce after 3 months. If this does not happen, the divorce becomes permanent, but the husband and wife can remarry.
- Second is Talaq-e-Hassan, in which the husband can divorce his wife by saying/writing talaq on three different occasions. That too when she is not having her periods, but before the end of iddat, there is a chance to withdraw the divorce. The marriage remains in force until talaq is uttered for the third time, but ends immediately after it is uttered. Even after this divorce, the husband and wife can remarry, but the wife has to go through halala (second marriage and then divorce).
- The third is triple talaq or talaq-e-biddat, in which the husband can divorce his wife at any time, place, over the phone, in writing. After this the marriage breaks down immediately and cannot be taken back.
- Apart from these, there are also talaq-e-kinaya and talaq-e-bain. Divorce is given through kinaya i.e. words. Which means I free you, now you are free, you or this relationship is haram, you are now separated from me… happens.
Also read these news related to Talaq-e-Hasan…
Supreme Court notice to two husbands who gave talaq-e-hasan
On the petitions of different Muslim women, the Supreme Court has issued notices to their husbands. A bench of Justice Sanjay Kishan Kaul and Justice Abhay S Oka issued notice to the husbands of Benazir Heena and Nazreen Nisha to explore the possibility of settling the matter by making them parties. Read full news…
Victim waiting for justice on Talaq-e-Hasan
Petitioner’s lawyer Pinky Anand told that the petitioner (Benazir) has received 3 notices of divorce. He had filed the petition on 2 May, but the hearing has not taken place till now. After this, the Supreme Court agreed to hear the matter for the first time on 22 July 2022. Read full news…