The Supreme Court on Wednesday raised serious concerns about the practice of Talaq-e-Hasan, especially the growing trend of husbands’ lawyers issuing talaq notices to wives. The Court observed that such notices allow husbands to later deny having pronounced talaq, leaving women vulnerable to accusations of polyandry if they remarry. The bench sought suggestions from all parties on whether judicial intervention is needed to regulate gaps in existing forms of Muslim divorce.
Talaq-e-Hasan involves the husband pronouncing talaq once a month over three months and is considered a revocable form of divorce. Muslim women who have challenged the practice argued that it is discriminatory and prone to misuse. The bench of Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh said the issue affects not only educated and vocal women but also those with limited access to justice.
The lead petitioner, journalist Benazeer Heena, received three talaq notices sent by her husband’s advocate. The Court questioned this practice, calling it unfortunate, especially since the husband himself is an advocate. Heena described the challenges she faced, including difficulties with her child’s school admission and passport documentation due to the unsigned notice.
The Court asked Heena to file details of the assistance she needs and directed her husband to appear on the next hearing date, November 26. It also requested inputs on how far the judiciary can intervene to address discriminatory practices and ensure women’s dignity and protection.
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