Questioning Talaq-e-Hasan custom of divorce among a section of Muslims, the Supreme Court on Wednesday asked, “Should a civilised society allow this kind of practice?”
“What kind of a thing is this? How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how dignity of a woman be upheld? Should a civilised society allow this kind of practice?” Justice Surya Kant presiding over a three-judge bench asked.
The op court bench also comprising Justices Ujjal Bhuyan and N K Singh was hearing a Public Interest Litigation (PIL) by Benazeer Heena, a journalist, challenging the constitutional validity of such a divorce.
She contended that the practice is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution. The court said that when an issue affects the society at large, the court may have to intervene.
“Society at large is involved. Some remedial measures have to be taken. If there are gross discriminatory practices, then the court has to interfere,” said Justice Kant.
He added that the court may refer the question to a 5-judge Constitution Bench and asked the parties to submit a note on the questions that are likely to arise. “Once you give us a brief note we will consider the desirability of referring to a 5-judge bench. Give us broadly the questions that may arise. Then we will see how those are predominantly legal in nature that the court must resolve.”
Heena’s counsel told the bench that she has not been able to prove that she is divorced even though her husband has remarried because of the manner in which her husband sent the talaq-e-Hasan notice. As per the petitioner, the divorce was over dowry demands.
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“The problem started with the schools where I wanted to get my child admitted. Everywhere I said I was a divorcee, my papers were not accepted. Admission was rejected. I told the father has moved on, married again. I don’t know the technicalities,” he said.
The court said it will hear the matter next on November 26. Under Talaq-e-Hasan, a divorce gets formalised after the third utterance of the word talaq in the third month if cohabitation has not resumed during this period.
