Talaq-e-Hasan not akin to triple talaq: Supreme Court

By Express News Service

NEW DELHI: The Supreme Court on Thursday stated the follow of Talaq-e-Hasan among the many followers of Islam just isn’t akin to triple talaq, and the ladies even have an choice of ‘khula’. A bench of Justices Sanjay Kishan Kaul and MM Sundresh stated the case difficult the follow shouldn’t be used to additional any agenda. Talaq-e-Hasan is the follow by which a Muslim man can divorce his spouse by saying the phrase ‘talaq’ as soon as a month, for 3 months.

However, if cohabitation resumes after the primary or second utterance of talaq, the couple is assumed to have reconciled and the earlier utterances are deemed invalid. A lady can half methods along with her husband by means of ‘khula’. The bench stated if the husband and spouse couldn’t reside collectively, it could additionally grant divorce on the bottom of breakdown underneath Article 142 of the Constitution.

The court docket was listening to a plea searching for to declare ‘Talaq-e-Hasan’ and all different types of ‘unilateral extra-judicial talaq’ as unconstitutional’ claiming they have been ‘arbitrary, irrational, and violated fundamental rights’. “This is not triple talaq in that sense. Marriage being contractual in nature, you also have an option of khula. If two people cannot live together, we are also granting divorce on grounds of irretrievable breakdown of marriage. Are you open to divorce by mutual consent if ‘mehar’ (gift given in cash or kind by groom to bride) is taken care of? Prima facie, I don’t agree with petitioners. I don’t want this to become an agenda for any other reason,” the bench noticed.

Senior advocate Pinky Anand, showing for the petitioner Benazeer Heena, stated whereas the SC has held triple talaq unconstitutional, it left the Talaq-E-Hasan concern undecided. The court docket additionally instructed the petitioner that dissolution of marriage can be doable with out the intervention of this court docket by means of ‘mubarat’ and requested her counsel to hunt directions.

The apex court docket will now hear the matter on Aug. 29. The petition, filed by Ghaziabad resident Heena, who claimed to be a sufferer of Talaq-E-Hasan, additionally sought a path to the Centre to border pointers for impartial and uniform grounds of divorce and process for all residents.

NEW DELHI: The Supreme Court on Thursday stated the follow of Talaq-e-Hasan among the many followers of Islam just isn’t akin to triple talaq, and the ladies even have an choice of ‘khula’. A bench of Justices Sanjay Kishan Kaul and MM Sundresh stated the case difficult the follow shouldn’t be used to additional any agenda. Talaq-e-Hasan is the follow by which a Muslim man can divorce his spouse by saying the phrase ‘talaq’ as soon as a month, for 3 months.

However, if cohabitation resumes after the primary or second utterance of talaq, the couple is assumed to have reconciled and the earlier utterances are deemed invalid. A lady can half methods along with her husband by means of ‘khula’. The bench stated if the husband and spouse couldn’t reside collectively, it could additionally grant divorce on the bottom of breakdown underneath Article 142 of the Constitution.

The court docket was listening to a plea searching for to declare ‘Talaq-e-Hasan’ and all different types of ‘unilateral extra-judicial talaq’ as unconstitutional’ claiming they have been ‘arbitrary, irrational, and violated fundamental rights’. “This is not triple talaq in that sense. Marriage being contractual in nature, you also have an option of khula. If two people cannot live together, we are also granting divorce on grounds of irretrievable breakdown of marriage. Are you open to divorce by mutual consent if ‘mehar’ (gift given in cash or kind by groom to bride) is taken care of? Prima facie, I don’t agree with petitioners. I don’t want this to become an agenda for any other reason,” the bench noticed.

Senior advocate Pinky Anand, showing for the petitioner Benazeer Heena, stated whereas the SC has held triple talaq unconstitutional, it left the Talaq-E-Hasan concern undecided. The court docket additionally instructed the petitioner that dissolution of marriage can be doable with out the intervention of this court docket by means of ‘mubarat’ and requested her counsel to hunt directions.

The apex court docket will now hear the matter on Aug. 29. The petition, filed by Ghaziabad resident Heena, who claimed to be a sufferer of Talaq-E-Hasan, additionally sought a path to the Centre to border pointers for impartial and uniform grounds of divorce and process for all residents.