Talaq-e-Hasan not akin to triple talaq, women have option of 'khula': SC

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

Supreme Court
Supreme Court of India. Photo: ANI
Press Trust of India New Delhi
3 min read Last Updated : Aug 16 2022 | 3:09 PM IST

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 people cannot live together, we are also granting divorce on ground of irretrievable breakdown of marriage. Are you open to divorce by mutual consent if 'mehar' (gift given in cash or kind by groom to bride) is taken care of?

Prima facie, I don't agree with petitioners. I don't want this to become an agenda for any other reason, the bench observed.

Senior advocate Pinky Anand, appearing for the petitioner Benazeer Heena, submitted that though the apex court has declared triple talaq unconstitutional, it left the issue of Talaq-E-Hasan undecided.

The top court asked Anand to seek instructions whether in view of allegation of the irrevocable breakdown of marriage, would the petitioner be willing for settlement by process of divorce on amount being paid over and above 'mehar'.

It also told the petitioner that dissolution of marriage is also possible without the intervention of this court through 'mubarat' and asked her counsel to seek instructions.

The apex court will now hear the matter on August 29.

The petition, filed by Ghaziabad resident Heena, who claimed to be a victim of Talaq-E-Hasan, also sought a direction to the Centre to frame guidelines for neutral and uniform grounds of divorce and procedure for all citizens.

In Talaq-e-Hasan, divorce gets formalised after the third utterance in the third month if cohabitation is not resumed during this period. However, if cohabitation resumes after the first or second utterance of talaq, the parties are assumed to have reconciled and the first or second utterances of talaq are deemed invalid.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

Subscribe to Business Standard digital and get complimentary access to The New York Times

Quarterly Starter

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

Save 46%

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Access to Exclusive Premium Stories Online

  • Over 30 behind the paywall stories daily, handpicked by our editors for subscribers

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

Topics :Triple TalaqSupreme CourtMuslim Personal LawMuslim woman

First Published: Aug 16 2022 | 3:09 PM IST

Next Story