November 26, 2022
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SC says prima facie ‘Talaq-e-Hasan’ is not improper as triple talaq | India News

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NEW DELHI: The Supreme Courtroom on Tuesday mentioned Talaq-e-Hasan — which is pronounced as soon as a month over three months — will not be the identical as instantaneous triple-talaq which has been declared unlawful by the court docket and noticed that “prima facie” additionally it is not so improper as girls even have an possibility of ‘khula’ divorce.
A bench of Justices Sanjay Kishan Kaul and M M Sundresh was listening to a petition filed by a Gaziabad-based Muslim girl difficult the validity of Talaq-e-Hasan.

In Talaq-e-Hasan, ‘talaq’ is pronounced as soon as a month, over a interval of three months and if cohabitation doesn’t resume throughout this era, the divorce will get formalised after the third utterance within the third month.
Senior advocate Pinky Anand, showing for the petitioner who was given divorce by her husband by means of Talaq-e-Hasan, contended that the Supreme Courtroom has declared instantaneous triple-talaq (Talaq-e-biddat) as unconstitutional however validity of Talaq-e-Hasan was not examined and which must be executed by the court docket now. The petitioner alleged that the follow of Talaq-e-Hasan and different types of “unilateral extra-judicial talaq” is neither harmonious with the trendy ideas of human rights and gender equality, nor an integral a part of Islamic religion.
“Many Islamic nations have restricted such follow, whereas it continues to vex the Indian society generally. ,” the petition mentioned.
The bench, nevertheless, mentioned that girls have the choice of ‘khula’, a technique of divorce which may be initiated by the spouse.
It mentioned that divorce might be granted by means of mutual consent if the husband and the spouse didn’t need to reside collectively. The court docket, thereafter, requested the petitioner whether or not she was keen to go for consent divorce.
“We now have additionally put to discovered counsel whether or not in view of the allegation of respondent (husband) of irretrievable breakdown of marriage, would the petitioner be keen for a settlement by technique of divorce by mutual consent on quantities being paid over and above the ‘meher’ fastened. In reality, we have now dropped at their discover that dissolution of marriage can be attainable with out the intervention of the court docket by means of ‘mubarat’,” the bench mentioned in its order.
The petitioner approached the court docket by means of her lawyer Ashwini Upadhyaya and contended ‘Talaq-e-Hasan and different types of unilateral extra-judicial talaq is an evil plague much like sati”.



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