All posts tagged: Talaq-e-Hasan

Supreme Court slams Talaq-e-Hasan as ‘gross’, ‘discriminatory’: What is the practice?

Supreme Court slams Talaq-e-Hasan as ‘gross’, ‘discriminatory’: What is the practice?

Published by Parlour News

The Supreme Court on Wednesday slammed Talaq-e-Hasan as a “gross discriminatory” practice, while mulling over striking it down. The SC bench led by Justice Surya Kant noted that this issue goes beyond individual disputes, and concerns the “society at large”.(HT Photo) The top court was hearing a series of petitions, including one by journalist Benazeer Heena in 2022. Heena, in her plea, is seeking the declaration of the practice as unconstitutional, while arguing that it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution, Bar and Bench reported. A bench led by Justice Surya Kant noted that this issue goes beyond individual disputes, and concerns the “society at large”. What is the Talaq-e-Hasan practice? Why did the SC criticise it? Under the practice of Talaq-e-Hasan, a Muslim man is allowed to divorce his wife by pronouncing “talaq” once a month for three months. The apex court stated that the practice in its present form cannot be allowed to continue in a modern and civilised society, while noting that it …

Supreme Court deprecates practice adopted under Talaq-e-Hasan

Supreme Court deprecates practice adopted under Talaq-e-Hasan

Published by Parlour News

The Supreme Court on Wednesday (November 19, 2025) said it may consider referring the challenge to the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, to a larger five-Judge Constitution Bench while deprecating the practice of sending notices on the husband’s behalf. Through Talaq-e-Hasan, a man can dissolve a marriage by pronouncing the word “talaq” once every month over a three-month period. In 2017, the top court declared Triple Talaq, also a form of divorce prevalent among Muslim community, as unconstitutional after finding it to be arbitrary and violative of fundamental rights of Muslim women. A Bench of Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh which deprecated the practice adopted by Muslim husbands while giving Talaq-e-Hasan under which they authorises any person and mostly lawyer to give divorce notice to their wives on their behalf saying, “should a civilised modern society allow this”. Asking the parties to submit notes with regard to types of Talaq which can be granted under Islamic practices, the Bench said it is not the question …

‘How is this allowed in modern society?’ SC on Talaq-e-Hasan

‘How is this allowed in modern society?’ SC on Talaq-e-Hasan

Published by Parlour News

The Supreme Court on Wednesday questioned whether the practice of Talaq-e-Hasan, under which a Muslim man can divorce his wife by pronouncing “talaq” once a month over three months, can continue in its present form in a modern, civilised society, observing that it may need to be regulated, if not struck down altogether, to safeguard the dignity of women. The SC bench said that the issue goes beyond individual disputes and involves “society at large”. (Sanjay Sharma) A bench, led by Justice Surya Kant, said that the issue goes beyond individual disputes and involves “society at large,” warranting judicial scrutiny of the form of divorce. The bench, also comprising justices Ujjal Bhuyan and N Kotiswar Singh, was hearing a series of petitions, including one filed by a woman who received her third and final notice of Talaq-e-Hasan in June 2022. Her husband, she said, went ahead with the divorce after her family refused to pay additional dowry, sending notices through the post in April, May and June. The woman argued that the practice is discriminatory, …