'How is this allowed in modern society?' SC on Talaq-e-Hasan
New Delhi, Nov. 20 -- The Supreme Court on Wednesday questioned whether the practice of Talaq-e-Hasan, under which a Muslim man can divorce his wife by pronouncing "talaq" once a month over three months, can continue in its present form in a modern, civilised society, observing that it may need to be regulated, if not struck down altogether, to safeguard the dignity of women.
A bench, led by Justice Surya Kant, said that the issue goes beyond individual disputes and involves "society at large," warranting judicial scrutiny of the form of divorce.
The bench, also comprising justices Ujjal Bhuyan and N Kotiswar Singh, was hearing a series of petitions, including one filed by a woman who received her third and final notice of Talaq-e-Hasan in June 2022.
The bench expressed strong disapproval of the manner in which some men have been executing the practice. "What prevents the husband from directly writing to her? Does he have such an ego that even for divorce he cannot speak to her?" the bench remarked. Senior advocate MR Shamshad, who appeared for the husband, said appointing someone to communicate or issue the divorce is a known religious practice. But the court was unconvinced. "How are these new innovative ideas being invented?" the bench questioned.
The bench is examining the constitutional validity of Talaq-e-Hasan. "We will examine both the feasibility as well as the need for it. Even a three-judge bench can decide it following the principles laid down by the five-judge bench," the court said....
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