New Delhi: The Supreme Court is set to hear a landmark case on November 26 that could potentially abolish another controversial Islamic practice known as Talaq-e-Hasan, under which a Muslim man can divorce his wife by pronouncing ‘talaq’ once a month for three consecutive months.
A bench comprising Justice S. R. B. Suryakant, Justice Ujjal Bhuyan, and Justice N. Kotishwar Singh indicated that the matter may be referred to a larger five-judge bench given the wide-ranging legal and social implications. The court has asked the concerned parties to submit detailed notes on potential questions arising from the case.
Supreme Court Signals Intervention
According to The Economic Times, the bench observed that because this practice affects society at large, the Supreme Court may need to intervene to introduce corrective measures. Justice Suryakant remarked, “This involves the society at large. Some corrective action may be necessary. If there are practices that are deeply discriminatory, the court has to intervene.”
5 Piercing Questions Challenging the Practice
Justice Suryakant raised critical questions regarding the continued existence of a practice that undermines women’s dignity. He asked:
- How can such a practice that affects women’s dignity continue in a civilized society?
- How is this being promoted in 2025?
- Do we permit the best religious practices to allow such actions?
- Can women’s dignity be upheld under this practice?
- Should a civilized society allow such a practice?
Senior advocate Anil Kumar Singh Srinet noted that there are no satisfactory answers to these questions, suggesting that Talaq-e-Hasan could potentially be abolished.
Background of the Case
The matter arose from a Public Interest Litigation (PIL) filed in 2022 by journalist Benazir Hina, seeking to declare the practice unconstitutional on the grounds that it is arbitrary and violates Articles 14, 15, 21, and 25 of the Constitution. The petition also called for gender-neutral, legally guided procedures for divorce. Hina’s husband reportedly issued a Talaq-e-Hasan notice through a lawyer after the family allegedly refused to provide dowry, subjecting her to harassment.
Lawyer-Mediated Divorce Questioned
The Supreme Court questioned the legality of allowing Muslim men to issue talaq notices through lawyers, noting that such notices lack the husband’s direct signature and may not constitute a valid divorce. Senior counsel Rizwan Ahmed, appearing for the petitioner, argued that an unlawful divorce could place women in polygamous situations, citing the petitioner’s husband had already remarried and fathered a child with another woman.
Understanding Talaq-e-Hasan and Talaq-e-Tafweez
Unlike Talaq-e-Biddat (instant triple talaq, declared unconstitutional in 2017), Talaq-e-Hasan involves pronouncing talaq once a month over three months.
Talaq-e-Tafweez, on the other hand, allows a husband to delegate divorce rights to his wife either at the time of marriage or later. If conditions are met, the wife can initiate divorce without approaching a court. This delegated divorce may be conditional or unconditional.
The Supreme Court’s decision in this case could redefine matrimonial rights under Muslim personal law and strengthen legal safeguards for women across India.
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