The Supreme Court today on 16.08.2022 in a PIL petition filed by journalist Benazeer Heena made a prima facie observation that the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, by which a man can divorce his wife by pronouncing "talaq" once a month for three months, is "not so improper". The Court also observed that Muslim women have the option of seeking divorce through "Khula Divorce".
The Court orally observed that "Prima Facie this is not so improper. Women also have an option. Khula is there. Prima facie I don't agree with petitioners. I don't want this to become an agenda for any other reason",
A bench comprising Justices SK Kaul and MM Sundersh was hearing a writ petition filed by a Muslim woman challenging the constitutionality of divorce through "Talaq E Hasan" on the ground that it is discriminatory against women.
The Court further observed orally that "This is not Triple Talaq. You also have the option of 'Khula'. If two people cannot live together, we are granting divorce on the breakdown of marriage. Are you open to divorce by mutual consent if Mehar is taken care of. Even without the intervention of the court, Mubarat, which is permissible by consent. Are you willing to go by consent on subject to appropriate mehar?”.
The case is now adjourned to 29.08.2022 for further hearing since the advocate sought time to seek further instructions.
Writ Petition(s)(Civil) No(s). 348/2022
BENAZEER HEENA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
