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Delhi High Court issues notice on petition challenging the constitutional validity of Talaq-e-Hasan

New Delhi : On May 2, a petition was filed in the Supreme Court, in which a Muslim woman had requested to declare Talaq-e-Hasan and all other forms of unilateral marital divorce as unconstitutional. The petitioner says that she has been a victim of Talaq-e-Hasan.

Today, in this case, the Delhi High Court has issued notice on this petition challenging the constitutional validity of Talaq-e-Hasan. A vacation bench of Justice Dinesh Kumar Sharma sought response from the Delhi Police as well as the Muslim man whose wife has approached the court challenging the talaq-e-hasan notice.

According to Talaq-e-Hasan, a Muslim man divorces his wife once a month, either orally or in writing, and after doing so for three consecutive months, the divorce is formally granted. Let me tell you, Benazir Hina, a resident of Ghaziabad, says that Talaq-e-Hasan is against the Constitution and only men have the right to unilaterally divorce under the Muslim Marriage Act 1939. Benazir has demanded that the central government make a law of equal divorce for all religions, women and men.

Benazir Hina alleges that her husband harassed her for dowry and on protesting declared a unilateral divorce. The petition of a Muslim woman challenging the constitutional validity of Talaq-e-Hasan in the Delhi High Court claimed that to avoid any action against her and her family, her husband preferred Talaq-e-Hasan. and gave him the first notice. The matter has now been posted by the Roster Bench for hearing on August 18.

The petition has argued that the Muslim Personal Law (Shariat) Application Act, 1937 gives a false impression that the law allows talaq-e-hasan to be unilateral extra-judicial talaq, which seeks to protect the fundamental rights of the petitioner and other married Muslim women violates.

The dissolution of Muslim Marriage Act 1939 fails to protect the petitioner from Talaq-e-Hasan. which is statutorily protected for women of other religions, and to the extent it violates Articles 14, 15, 21 and 25 and the International Convention on Civil Rights and Human Rights.

Also, the petition has prayed for a direction that all religious groups, bodies and leaders who allow and propagate such practices should be directed to the petitioner to act in accordance with the Sharia law and accept Talaq-e-Hasan. should not be forced.

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