Describing the Islamic practice of ‘Talaq-E-Hasan’—pronounced once a month over a period of three consecutive months—as “prima facie not so improper”, the Supreme Court on Tuesday said it was not akin to triple talaq that was declared unconstitutional in 2017.
New Delhi, Aug. 16 (PTI): The Supreme Court on Tuesday said the practice of divorce in Muslims through ‘Talaq-e-Hasan’ –which is pronounced once a month over a period of three months — is not akin to triple talaq and the women also have an option of ‘khula’. In Islam, a man can take “talaq”, while a woman can part ways with her husband through “khula”. A bench of Justices S K Kaul and M M Sundresh said if husband and wife cannot live together, it can also grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution. The top court was hearing a plea seeking to declare ‘Talaq-e-Hasan’ and all other forms of “unilateral extra-judicial talaq as void and unconstitutional”, claiming they were “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
The Delhi High Court sought responses from the Delhi Police and a Muslim man after his wife filed a petition challenging a Talaq-e-Hasan notice allegedly sent by him.