Supreme Court says Talaq-e-Hasan not like triple talaq: Know the difference
The bench, headed by Justice Sanjay Kishan Kaul, said, "Prima facie this (Talaq-e-Hasan) is not so improper. Women also have an option. Khula is there." The bench, also comprising Justice MM Sundresh, further said that it does not agree with the petitioner.
FollowThe Supreme Court on Tuesday observed that the practice of Talaq-e-Hasan among Muslim community for divorce is "prima facie not improper". The top court also said that it does not want this to become an agenda for any other reason.
The bench, headed by Justice Sanjay Kishan Kaul, said, "Prima facie this (Talaq-e-Hasan) is not so improper. Women also have an option. Khula is there." The bench, also comprising Justice MM Sundresh, further said that it does not agree with the petitioner.
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But, what is Talaq-e-Hasan?
Talaq-e-Hasan is the practice that has been followed by Muslim men where one can divorce his wife by saying the word talaq once a month, for three months. For instance, if a man tells Talaq once a month, and repeats the word for three months, the marriage is considered over.
However, women also have similar rights by the way of 'Khula'
During the hearing, the Supreme Court observed that women also have a similar option by way of 'Khula' and courts also grant divorce by mutual consent in case of irretrievable breakdown of marriage.
"This is not triple talaq...If two people cannot live together, we are also granting divorce by irretrievable breakdown of marriage," the bench had said.
The bench further queried that the petitioner`s counsel, was the petitioner open to divorce by mutual consent, "if mehar is taken care of".
The bench further said that it doesn't want the issue of Talaq-e-Hasan to become an agenda.
What was the petitioner's argument on Talaq-e-Hasan?
Senior advocate Pinky Anand, appearing for the petitioner, reportedly said that while the top court declared triple talaq unconstitutional, it left Talaq-e-Hasan undecided.
The plea also sought a direction to the Centre to frame guidelines for neutral uniform grounds of divorce and uniform procedure of divorce for all citizens. The petition was filed by journalist Benazeer Heena through advocate Ashwani Kumar Dubey.
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What is Talaq?
Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can break all marital ties with his wife. Under the Muslim law, Triple Talaq means liberty from the relationship of marriage, eventually or immediately, where the man, by simply uttering the word 'talaq' three times, ends his marriage.
This form of divorce is called Triple Talaq, also known as 'talaq-e-biddat'.
However, Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019, was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq a criminal offence.
