SC Questions Talaq-e-Hasan, a Form of Triple Talaq, Asking: "How Is This Allowed in Modern Society?"

The Supreme Court has raised serious concerns over the validity of talaq-e-hasan, a form of triple talaq in which a Muslim man can divorce his wife by pronouncing the word talaq once every month for three months.

The bench revisited the broader issue of Muslim divorce practices, noting that instant triple talaq or talaq-e-biddat had already been struck down eight years ago as "bad in law." Talaq-e-hasan, though different from the instant form, continues to allow unilateral divorce.

Court Raises Fundamental Concerns

"How is this allowed in modern society?" asked the bench of Justices Surya Kant, Ujjal Bhuyan and NK Singh while hearing multiple petitions challenging the validity of talaq-e-hasan. The judges examined how the practice functions and whether it aligns with constitutional principles and gender dignity.

The matter gained further urgency as the court dealt with the case of a Muslim woman whose child's school admission was blocked because her former husband did not provide his signature during their divorce process.

Woman's Case Highlights Practical Hardships

Benazir Heena received a divorce notice from her husband, Ghulam Akhtar, through his lawyer. She later learned that he remarried soon after. Her counsel told the court, "She will indulge herself in polyandry because of her husband. In the 11-page talaq notice, the sign of the husband is missing. Talaq was pronounced by the husband's advocate."

Akhtar's advocate argued that the procedure followed was common in Islam. The bench sharply questioned this claim, with Justice Kant asking, "Can this be a practice? How are these new innovative ideas being invented?"

The court expressed disapproval of the husband avoiding direct communication. "What prevents the husband from directly communicating with her? He has such an ego that even for divorce, he cannot speak to her. How can you promote this in a modern society? It is the dignity of a woman," the bench remarked.

Bench Calls for Proper Religious Procedure

The judges stressed that religious practices must be followed in full, not partially or through shortcuts. "If talaq is to take place as per religious practice, then the entire procedure has to be followed as it is prescribed," the bench said.

The court also asked the woman to identify the school that denied her child admission and voiced concern about the broader condition of women across India, pointing out that even educated and professionally accomplished women face similar challenges.

Court Summons Husband, Commends Woman's Courage

The bench summoned the husband for the next hearing and instructed, "Let him come here and unconditionally provide what she wants."

Praising the woman's resolve, the court noted the plight of others who may not have the strength or resources to fight. "We salute this woman who has chosen to fight for her rights. But there may be a poor woman who does not have resources. If she remarries, her earlier husband comes and says she is indulging in (polyandry)? Should a civilised society allow this kind of practice?" the court observed.