Supreme Court bench comprising of Justices S. Abdul Nazeer and J. B. Pardiwala today issued notice on a plea filed seeking to declare all forms of unilateral extra judicial Talaqs including Talaq-e-Kinaya and Talaq-e-Bain as void and unconstitutional for being arbitrary irrational and contrary to Article 14, 15, 21 and 25 of the Constitution of India.
Advocate Ashwini Kumar Upadhyay appearing for the petitioner in the matter, referring to Talaq-e-Kinaya and Talaq-e-Bain, informed the court that these Talaqs are mentioned nowhere and is a thing of 21st century.
"This is very strange…. I was shocked", Justice Nazeer expressed during the hearing.
The bench asked the counsel, "What is this extra-judicial and unilateral talaq, who has invented this?".
The petitioner replied that it was invented by some qazis and unlike normal talaq where the word talaq is said thrice to materialize the divorce, in these practices , they just say that "we free you".
Advocate Upadhyay also apprised the court that, "this form of talaq is a new thing and it is not being followed anywhere else like Pakistan or Bangladesh". The bench tagged the matter with the ongoing pleas challenging Talaq-e-Hasan and Talaq-e-Ahsan.
The petitioner in the matter Dr. Syeda Ambreen has stated that the parents of the petitioner were compelled to give dowry and she was tortured physically and mentally by her husband and his parents for not getting a big dowry. When the petitioner's father refused to give dowry then her husband gave her unilateral extra judicial Talaq i.e. Talaq-e-kinaya/talaq-e-bain through a kazi.
The petition mentioned that, "The practice of Talaq-e-Kinaya and Talaq-e-Bain and other forms of unilateral extra judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic Faith."
The petitioner has prayed the Supreme Court to declare "Talaq-e-Kinaya and Talaq-e-Bain" as void and unconstitutional, to declare declare S.2 of the Muslim Personal Law (Shariat) Application Act, 1937 as void and unconstitutional as it validates this practice, to direct and declare Dissolution of Muslim Marriages Act, 1939 as void and unconstitutional and direct the Centre to frame guideline for Gender Neutral Religion Neutral Uniform Grounds of Divorce and Uniform Procedure of Divorce for all.
The matter will be heard along with the matters of Talaq-e-Hasan and Talaq-e-Ahsan on 11th October.
