Plea Challenging Talaq-E-Hasan : Petitioner Agrees To Explore Mediation; Supreme Court Issues Notice To Husband

On the last date of hearing, the Apex Court had observed -

"We have also put to learned senior counsel whether in view of the allegation of respondent of irretrievable breakdown of marriage, would the petitioner be willing for a settlement by process of divorce by mutual consent on amounts being paid over and above the Meher fixed. In fact, we have brought to their notice that dissolution of marriage is also possible without the intervention of the Court through Mubarat. Learned counsel seeks some time to obtain Instructions."

Citing the same, Senior Advocate, Mr. Shyam Divan appearing on behalf of the petitioner submitted that though the petition is structured as a Public Interest Litigation, at this stage his client seeks to take advantage of the afore-mentioned observation made by the Court.

At the request of the Senior Counsel, a Bench comprising Justices Sanjay Kishan Kaul and A.S. Oka impleaded the husband. It noted that it would keep the larger issue open, but at this stage implead the husband and issue notice to him alone, in the limited aspect concerning settlement.

Mr. Divan agreed and added -

"Previously he had refused to participate in mediation. But maybe if it comes from the Supreme Court, it would be effective."

The Bench directed -

"Amend the Memo within 3 days. Let notice be issued only to the husband at this stage."

Similarly, in another petition of the same nature, the Bench thought it fit to implead the husband and issued notice to him. Initially the Bench had refused to entertain the intervention, but when it was apprised that the petition was filed by a woman who had been given 'talaq' that too by wrongful application of Talaq-e-Hasan, the Bench agreed to indulge her plea.

Senior Advocate, Mr. Ranjit Kumar appearing for the said petitioner submitted -

"I am also a victim. My husband has given me talaq. 04.07.2022 by WhatsApp message she was given talaq twice. Today morning she got the third one."

Talaq-E-Hasan is a practice whereby a man can divorce his wife by pronouncing "talaq" once a month for three months. Thus, Justice Kaul was curious if pronouncing talaq twice simultaneously and then the third one a couple of months later would meet the requirements of 'Talaq-e-Hasan.'

"Two talaqs simultaneously given on 04.07.2022. Is it possible under Talaq-e-Hasan."

Mr. Kumar raised the same concern but submitted that the Kaazi had endorsed the veracity of the 'talaq' in this case.

A Counsel present in Court informed the Bench that prima facie it does not seem to qualify as Talaq-e-Hasan. She stated that there is remedy available under Section 7 of the Family Court Act, whereby parties can get a declaration that it is not proper talaq.

The Bench lamented -

"Sometimes in the larger issue the concern of individual parties gets lost."

Benazeer, petitioner in the main matter, who was present before the Court appeared in person and narrated her predicament.

Justice Kaul asked her if she was willing to go back to her husband even after what had transpired between them. She answered in the affirmative and stated that though her husband is running away from his responsibilities, she will not.

Considering that notice was directed to be issued to her husband to explore the option of settlement, Justice Kaul stated -

"That is why we have issued notice to your husband. Let him come on the next date of hearing. You also try to be present."

The matter would be next taken up on 11th October, 2022.

[Case Title : Benazeer Heena v. Union of India And Ors. WP(C) No. 348/2022 (PIL), Nazreen Nisha Kadir Shaikh vesus Union of India WP(c) 603/2022]