The Supreme Court of India has sought responses from the Centre and other respondents on a petition seeking uniform procedural safeguards for all forms of divorce under Muslim personal law. A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi tagged the plea with an already pending petition challenging the constitutional validity of Talaq-e-Hasan.
The fresh petition seeks a ban on Talaq-e-Hasan and other forms of unilateral extra-judicial divorce. It also calls for legally enforceable guidelines to ensure procedural fairness, promote reconciliation between spouses and protect women’s fundamental rights.
The petitioner has challenged Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent that it recognises Talaq-e-Hasan. The plea seeks a comprehensive legal framework to safeguard the rights and interests of divorced Muslim women and their children.
What Is Talaq-e-Hasan?
Talaq-e-Hasan is a form of divorce in which the husband pronounces the word ‘talaq’ once a month over three successive months. The divorce becomes effective after the third pronouncement if the couple has not resumed cohabitation. The process differs from instant triple talaq, in which divorce was sought to be effected through three pronouncements at once.
The petition also seeks safeguards against polygamy being undertaken without the free and informed consent of the existing wife. It calls for measures to prevent arbitrary practices and ensure that women’s rights and interests receive adequate legal protection.
Supreme Court’s 2017 Triple Talaq Judgment
The issue arises against the backdrop of the Supreme Court’s landmark 2017 judgment in Shayara Bano v. Union of India, in which the Court set aside the practice of instant triple talaq, also known as Talaq-e-Biddat. The judgment marked a significant development in the legal debate surrounding Muslim personal law, gender equality and women’s rights.
The latest petition raises broader questions about the legal recognition of unilateral extra-judicial divorce practices, the availability of procedural safeguards and the protection of constitutional rights. By tagging the plea with the pending challenge to Talaq-e-Hasan, the Supreme Court has brought the related issues together for consideration.
The matter may have implications for the legal framework governing divorce under Muslim personal law, particularly concerning fairness, reconciliation and the protection of divorced women and their children. The Court’s decision on the issues raised will depend on its examination of the applicable law and constitutional principles.
