Overview
- A three‑judge bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh said Talaq‑e‑Hasan appears to undermine women’s dignity and indicated the court could consider striking it down.
- The Court directed all sides to submit brief notes on the core constitutional issues and said the case may be sent to a Constitution Bench for authoritative determination.
- In petitioner Benazeer Heena’s case, the bench questioned a divorce notice sent by the husband’s lawyer instead of the husband and ordered the husband to appear in court next week.
- Heena described practical harms from an unsigned notice, including rejected school admissions and passport hurdles, while stating that her husband has remarried.
- The bench’s stance marks a shift from a 2022 order that found Talaq‑e‑Hasan not prima facie improper, with the matter now listed on November 26 to consider interim relief and next steps.