Tuesday, September 27, 2022

Plea filed in Supreme Court for early hearing of Talaq-E- Hasan matter

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An appeal has been put in the Supreme Court today for an early intervention and giving a date for the matter pertaining to Talaq-e-Hasan’ and all other forms of “unilateral extra-judicial talaq .

The plea states that the ‘Talaq-e-Hasan’ and all other forms of “unilateral extra-judicial talaq should be declared as void and unconstitutional, claiming they were arbitrary, irrational, and violated fundamental rights.

The petition which was filed by the resident of Ghaziabad named Benazeer Heena, who claims to be a victim of unilateral extra-judicial Talaq-E-Hasan

In her petition she has asked the court to intervene and direct the centre for framing uniform guidelines and rules for the divorce and methods for all the victims of the same.

The plea has requested the Supreme Court seeking to declare  all the unilateral extra-judicial talaq as void and unconstitutional, stating them to be arbitrary, irrational, and against the fundamental rights.

As per the personal law of the Muslims known as Shariat, Application Act 1937, the extra  judicial talaq are not only against the civil  norms but also a big dent on the Muslim Personal Law (Shariat) Application Act, 1937.t

This Act is against the fundamental rights of married Muslim women as it offends Articles 14, 15, 21 and 25 of the Constitution of India and the international conventions on civil and human rights

The petition, in this case has been filed by advocate Ashwani Kumar Dubey, submitted that this act is still practiced in India whereas many Islamic nations have restricted this act on the inhumane side of it.

The process of Talaq-e-Hasan, is that the man has to pronounce the word Talaq once a month, over a period of three months. If cohabitation does not resume during this period, divorce gets formalised after the third utterance in the third month.

Incase the cohabitation resumes before 3rd month the parties assume it to be reconciliation and talaq becomes null and void..

The petitioner, in this case has also been given divorce under the same divorce rule and she says this way divorcee devastates women and kids from economically weaker background and should be dealt properly.

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