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1h ago

Supreme Court Questions Talaq-e-Hasan, Weighs Constitution Bench Referral

Judges cited gender bias in the practice as grounds to consider remedies.

The SC bench said that the issue goes beyond individual disputes and involves “society at large”. (Sanjay Sharma)
The PIL also sought guidelines on gender and religion neutral procedure and grounds to dissolve marriages.
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Overview

  • A three-judge bench led by Justice Surya Kant signalled it could strike down or regulate Talaq-e-Hasan and asked for concise notes framing the legal questions.
  • The Court decried husbands using lawyers or third parties to send talaq notices, citing threats to women’s dignity and the risk of later polyandry accusations.
  • The case was listed for November 26, with the husband directed to appear and to adhere to the prescribed procedure if he seeks divorce.
  • Petitioner Benazeer Heena was asked to file a detailed application on practical harms, including a child’s school admission and passport issues tied to an unsigned notice.
  • Interventions by the All India Muslim Personal Law Board and Samastha Kerala were permitted, and the NHRC received additional time to file its response.