Supreme Court Refuses Urgent Listing For Plea Challenging Divorce Through Talaq-E-Hasan

The Supreme Court on Monday (May 9) refused to grant urgent listing for a plea challenging the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, as per which a man can divorce his wife by pronouncing "talaq" once a month for three months.

The Public Interest Litigation petition was filed by journalist Benazeer Heena through Advocate-on-Record Ashwani Kumar Dubey. The petitioner alleged that her husband has sent her the first installment of talaq through speed post on April 19.

Yesterday, the counsel mentioned the matter before Chief Justice of India NV Ramana for urgent listing.

"This's related to Talaq-E-Hasan", the counsel submitted.

"Any urgency?", the CJI asked.

"We've received notice", the counsel said requesting for a date this week.

"Sorry", the CJI said. "After 10 years.Ok?What is this? Everyday you'll come for one matter...we've no other work?Sorry!", the CJI said.

The petitioner argues that the practice is discriminatory since only men can exercise the same and seeks a declaration that the practice is unconstitutional as it is arbitrary and violative of Articles 14, 15, 21 and 25 of the constitution. According to the petitioner, it is not an essential practice of Islamic faith.