Delhi ( New Delhi)

Talaq-e-Hasan practice not so improper: Supreme Court

The Supreme Court on Tuesday said it is prima facie that the practice of talaq-e-Hasan by Muslim men for three months by calling the wife ‘talaq’ once a month for divorce is “not so unreasonable”.

A bench headed by Justice SK Kaul also asked the woman petitioner, who said her husband granted her “unilateral extra-judicial divorce” through an advocate when her father refused to pay more dowry, whether she Is ready to explore the option of mutual divorce. Consent if the question of ‘Mehr’ is addressed.

“We have also placed learned senior counsel whether, given the allegation of the irrevocable breakdown of the marriage of the respondent, the petitioner would be willing to settle on the amount to be paid over and above the Mehr, as decided by the process of divorce by mutual consent, In fact, we have brought to their notice that divorce is also possible without the intervention of the court through ‘Mubarat’,” a bench of Justice M M Sundaresh said in its order.

Senior advocate Pinky Anand, appearing for the petitioner, said she would take the direction following which the court adjourned the matter till August 29.

The petition by a journalist, Benazeer Heena, states that she was married on December 25, 2020, according to Islamic customs and a male child was born. Heena alleged that she was harassed by her husband and his family members over dowry, forcing her to return to her parents in December 2021. He said that however, he lodged a complaint with the Delhi Commission for Women and also lodged an FIR on April 5. 2022, police said talaq-e-Hasan is permitted under “Shariah” law.

Heena argued that all extra-judicial forms of divorce, including Talaq-e-Hasan, are “arbitrary and irrational and contrary to Articles 14, 15, 21, 25 (of the Constitution) and international conventions on civil human rights”. She stated that this practice “neither harmonizes with modern principles of human rights nor is an integral part of the Islamic faith. Many Islamic nations have outlawed such practices, while it is common in Indian society.” And Muslim women “especially like them”.
The petitioner urged the court to declare it invalid and unconstitutional. The plea has also sought a direction from the Center to frame guidelines for “gender neutral, religion-neutral, equal grounds of divorce and uniform process of divorce” for all.

The bench asked the petitioner whether he had disclosed the fact that he had also approached the Delhi High Court. Justice Kaul pointed out that the petitioner had sought adjournment of the proceedings before the HC and listed it on October 7, stating that something was pending before the Supreme Court. Advocate Ashwini Upadhyay, appearing for the petitioner, said that he had approached the Supreme Court in April.

Justice Kaul then remarked that it is not triple talaq and “prima facie, it (talaq-e-Hasan) is not so unfair”. The bench observed that if two persons cannot live together, the court grants divorce on the ground of irrevocable breakdown of marriage and asked whether the petitioner is ready for divorce by mutual consent if ‘Mehr’ is taken care of.


Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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