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1h ago

Supreme Court Signals Move to Curb or Strike Down Talaq-e-Hasan, Weighs Constitution Bench Referral

The bench signaled that any unilateral divorce practice must align with constitutional guarantees of equality and dignity.

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 bench of Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh said it may refer the challenge to a five-judge Constitution Bench after parties file brief notes framing the legal questions.
  • The Court deprecated husbands authorising lawyers or third parties to issue talaq notices, indicating such unsigned communications would not be a valid annulment and summoning the lead petitioner’s husband to appear.
  • The petitions, led by journalist Benazeer Heena, contend Talaq-e-Hasan violates Articles 14, 15, 21 and 25, with Heena citing school admission and passport hurdles because the talaq notice lacked her husband’s signature as he has remarried.
  • Emphasising the issue’s reach across society, the bench sought inputs from commissions and personal law bodies, allowed interventions, and noted the NHRC requested more time to respond.
  • Recalling its 2017 ruling against instant triple talaq, the Court said Talaq-e-Hasan could be invalidated or regulated and listed the matter for November 26 for further hearing.