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Two petitions challenging Talaq-e-Hasan and other forms of Extra Judicial Divorce were heard in the Supreme Court on Monday. The Supreme Court has issued notices to their husbands on the petitions of different Muslim women. A bench of Justice Sanjay Kishan Kaul and Justice Abhay S Oka issued notice to the husbands of Benazir Heena and Nazreen Nisha to explore the possibility of settling the matter by forming a party.
Complete case of Talaq-e-Hasan
The victim has filed the petition through advocate Ashwini Kumar Dubey. Benazir was married on 25 December 2020 to Yusuf Naqi of Delhi under Muslim customs and also has a boy. In December last year, Yusuf had thrown her out of the house after a domestic dispute. At the same time, in three months, all three messages of divorce have been sent.
On the other hand, Nazreen Nisha’s husband had sent her the third message on Monday morning, which was read out in front of the court by Nisha’s lawyer.
Benazir wants the well being of crores of Muslim girls
Benazir, in his petition, has demanded that the Supreme Court declare talaq-e-hasan and all other forms of talaq which are not legally enforceable as unconstitutional. Order to repeal Section 2 of the Shariat Application Act, 1937, as well as to repeal the Resolution of Muslim Marriage Act, 1939 in its entirety, as all these are in full accordance with Articles 14, 15, 21, 25 and decisions of the United Nations Summits. are against.
Three ways to divorce in Islam
- The first is talaq-e-ahsan, according to Islamic scholars, in this, the husband can divorce the wife when her periods are not going on. During this divorce, 3 months live separately from the wife under one roof, which is called iddat. If the husband wishes, he can withdraw the divorce after 3 months. If this does not happen, the divorce is done forever. But husband and wife can remarry.
- The second is Talaq-e-Hasan, in which the husband can divorce the wife on three separate occasions by saying/writing talaq. That too when she doesn’t have her periods. But before the end of iddat, there is a chance to return the divorce. The marriage remains in force until the third time talaq is pronounced, but terminates immediately after it is spoken. Even after this divorce, husband and wife can remarry. But the wife has to undergo halala (second marriage and then divorce).
- The third is triple talaq or talaq-e-biddat, in which the husband can divorce the wife by writing at any time, place, over the phone. Thereafter the marriage breaks up immediately and cannot be taken back.
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