Petition in Supreme Court against Talaq-e-Hasan, Muslim woman demands to be declared unconstitutional

The Supreme Court on Wednesday declined urgent hearing on a plea seeking to declare talaq-e-hasan and all other forms of ex-parte non-judicial divorce as illegal and unconstitutional. The petition claimed that such divorces are arbitrary and irrational and are also banned in many Islamic countries. 

In talaq-e-hasan, talaq is given once in a month either spoken or in writing and it is given either by speaking or in writing for three months. If there is no reconciliation during this period, then in the third month, after giving talaq for the third time by speaking or writing, the divorce is formalized. If there is a reconciliation after giving talaq for the first time or the second time by speaking or in writing, then the divorce given for the first and second time by speaking or writing is deemed to be cancelled.

Two notices of divorce have been issued to the petitioner through counsel and the third notice will be final. To this the bench questioned when the first notice was issued. Pinky Anand told that the first notice has been issued on April 19 and the second notice has now been issued. On this, the bench said that there is no hurry, will hear when the court reopens. Pinky Anand said that by then everything would be over. After this, the bench agreed to hear the petition next week.