Delhi High Court Issues Notice On Muslim Woman's Plea Challenging Constitutional Validity Of Talaq-E-Hasan

The Delhi High Court has recently issued notice on a plea challenging the practice of Talaq-e-Hasan as being unconstitutional and arbitrary as well as contrary to the United Nations Conventions of Human Civil Rights.

As per Talaq-E-Hasan, a Muslim man can divorce his wife by pronouncing "talaq" once a month for three months.

A vacation bench comprising of Justice Dinesh Kumar Sharma sought response of the Delhi Police as well as a muslim man whose wife has approached Court challenging the notice of Talaq-e-Hasan received by her.

The matter has now been posted for hearing by a roster bench on August 18.

The petitioner is represented by Advocates Shubham Jha, Mohan S and Aishwarya.

After her marriage, the petitioner, a muslim woman, claimed that her husband and his family members tortured her physically and mentally not only in the matrimonial house but also at the her mother's residence, due to their refusal to fulfil the unjustified demands of cash and expensive gifts. She had filed the case of Domestic Violence against her husband.

However, the plea claims that in order to avoid any action against him and his family, her husband preferred the route of Talaq-E-Hasan and gave her first notice.

"The said Talaq-E-Hasan is not only arbitrary, illegal, baseless, abuse of law but also Unilateral Extra-Judicial act which is directly infringement of the Articles 14, 15, 21, 25 and UN Convention," the plea adds.

The plea argues that the Muslim Personal Law (Shariat) Application Act, 1937 conveys a wrong impression that the law sanctions Talaq-E-Hasan, being a unilateral extra-judicial talaq, which is grossly injurious to the fundamental rights of petitioner and as well as other married Muslim women.

"Because The Dissolution of Muslim Marriages Act, 1939 fails to protect, petitioner from Talaq-E-Hasan, a unilateral extra-judicial talaq, which protection has been statutorily secured for women belonging to other religions, and is to that extent violative of Articles 14, 15, 21 and 25 and international conventions on civil rights and human rights," it states.

The plea adds that Talaq-E-Hasan, contravenes Article 21 of the Constitution for the reason that it discriminates between men and women thereby grossly offending the right to dignity of a woman.

"Therefore, the system of Talaq-E-Hasan interferes with the right conferred by Article 21 of the Constitution. The said right may only be taken away by a just, fair and reasonable law, which is lacking in the instant case. Therefore, the part of Muslim Personal Law sanctioning the practice of Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq stands in contravention of Articles 14, 15 and 21 of the Constitution, and is void for that reason," it adds.

Apart from challenging Talaq-e-Hasan, the plea prays for a direction that all religious groups, bodies and leaders that permit and propagate such practices must not force the petitioner to act according to the Saria Law and accept Talaq-e-Hasan.

It also seeks directions on the Delhi Police for protection the petitioner from all religious groups, bodies and leaders that permit and propagate such practices thereby forcing her to accept Talaq-e-Hasan.