Supreme court strict on 'Talaq-e-Hasan'...
The supreme court on monday sought the response of the central government on a petition seeking to declare 'Talaq-e-Hasan' and other unilateral divorce under Muslim Personal Law as illegal and unconstitutional. The petition has also sought the Center to set gender and religiously neutral uniform grounds for the process of divorce.
According to the petition filed by a Pune-based woman, as per the customs and procedure under 'Talaq-e-Hasan' once talaq has been pronounced, if the matrimonial relationship is avoided for three months or 90 days, then the divorce is done. A bench of Justice SK Kaul and Justice AS Oka agreed to hear the petition. The bench issued notices to the central government and the National Commission for women and others and sought answers.
The person had sent divorce by speed post
The petition, filed by the victim's lawyer Nirmal Kumar Ambasth, states that the petitioner, an engineer by profession, should be divorced by husband by sending a letter through speed post through the 'Talaq-e-Hasan' process after her husband ousted her from their matrimonial home. The woman claimed that she was assaulted and thrown out of her in-laws' house on several occasions during their two years of marriage. Only because she did not agree to fulfill all the demands of money by her husband and his family. The woman's husband had sent her a letter of divorce on 16 July 2022 through speed post in which various baseless and false allegations were leveled against her.
The petition said, "The petitioner tried to approach the local police against the atrocities and harassment committed by her husband and in-laws and unilaterally breaking the marriage but the police did not register the case on the ground that 'talaq-e 'Hasan' is a recognized procedure for dissolution of Muslim marriages. Due to which the right to dignity of Muslim women is violated.
'Talaq-e-Hasan' is a method of divorce among Muslims by which a man can divorce his wife by pronouncing 'talaq' once every month in a period of three months.
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