The Supreme Court will hear on Friday a plea against the practice of ‘Talaq-e-Hasan’ in which a man can divorce his wife by pronouncing “talaq” once a month, for three months, and all other forms of the unilateral extra-judicial talaq. The petition has been filed by a Muslim woman, who claimed to be a victim of “Unilateral Extra-Judicial Talaq-E-Hasan”. The petition has been filed through advocate Ashwani Kumar Dubey.
The plea said: “The Muslim Personal Law (Shariat) Application Act, 1937, by providing for the application of Muslim personal law in matters relating to marriage where the parties are Muslims, conveys a wrong impression that the law sanctions Talaq-e-Hasan and all other forms of unilateral extra-judicial talaq, which is grossly injurious to the fundamental rights of married Muslim women and offends Articles 14, 15, 21 and 25 of the Constitution of India and the international conventions on civil and human rights.”
“Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the petitioner in particular. It is submitted that the practice also wreaks havoc on lives of many women and their children, especially those belonging to the weaker economic sections of the society,” it added.
The petitioner claimed that she was married to a man as per Muslim rites in December 2020, and she has a boy from wedlock. The plea contended that her parents were compelled to give dowry and later she was tortured — mentally and physically — for not getting enough dowry. Due to refusal to give dowry, the petitioner’s husband gave her unilateral extra-judicial Talaq-e-Hasan through a lawyer, she alleged.