Supreme Court Questions Validity of Talaq-e-Hasan: "How Is This Allowed In Modern Society?"

New Delhi:

The Supreme Court has expressed serious concerns about talaq-e-hasan, a form of divorce in Muslim communities where a man can divorce his wife by saying 'talaq' once monthly for three consecutive months. This scrutiny comes eight years after the court banned instant triple talaq (talaq-e-biddat), declaring it "bad in law." Unlike the immediate divorce granted in talaq-e-biddat, talaq-e-hasan follows a three-month procedure.

"How is this allowed in modern society?" questioned the bench comprising Justices Surya Kant, Ujjal Bhuyan, and NK Singh during today's hearing on multiple petitions challenging this practice.

The court addressed the specific case of Benazir Heena, who has been unable to secure her child's school admission because her former husband, Ghulam Akhtar, divorced her through his lawyer without providing his signature before remarrying. Heena's counsel informed the court about her predicament.

"She will indulge herself in polyandry because of her husband. In the 11-page talaq notice, the sign of the husband is missing. Talaq was pronounced by the husband's advocate," her counsel stated.

When the husband's lawyer argued this was common Islamic practice, Justice Kant challenged this assertion: "Can this be a practice? How are these new innovative ideas being invented?"

The court expressed concern about dignity and communication in divorce proceedings: "What prevents the husband from directly communicating with her? He has such an ego that even for divorce, he cannot speak to her. How can you promote this in a modern society? It is the dignity of a woman."

The bench firmly stated: "If talaq is to take place as per religious practice, then the entire procedure has to be followed as it is prescribed."

The justices requested information about which school had denied admission to the child and expressed broader concerns about women's conditions nationwide, noting that even educated professionals face similar challenges.

The court ordered the husband to appear at the next hearing, saying: "Let him come here and unconditionally provide what she wants." The bench also requested details about all existing forms of divorce in Muslim communities.

Commending Benazir Heena for standing up for her rights, the court raised concerns about less privileged women in similar situations: "We salute this woman who has chosen to fight for her rights. But there may be a poor woman who does not have resources. If she remarries, her earlier husband comes and says she is indulging in (polyandry)? Should a civilized society allow this kind of practice?"