Newdelhi: The Supreme Court on Friday sought responses from the Centre and other respondents regarding a petition that requests uniform safeguards and guidelines for all types of divorce governed by Muslim personal law. The legal challenge specifically targets unilateral divorce methods and aims to secure constitutional protections for women and children.
The petition also challenges the validity of 'Talaq-e-Hasan', a practice where a Muslim man can dissolve a marriage by pronouncing 'talaq' once per month across three consecutive months. The petitioner is asking for a ban on this procedure alongside other forms of unilateral divorce conducted outside of a court setting.
A bench consisting of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was informed by the petitioner's counsel about the ongoing challenge to 'Talaq-e-Hasan'. Consequently, the bench linked the newly filed plea with a separate, pending petition submitted by a Muslim woman who has contested the 'Talaq-e-Hasan' notice issued by her husband.
Under the rules of 'Talaq-e-Hasan', the dissolution of marriage becomes official following the third pronouncement during the final month, provided the couple has not reconciled. Should cohabitation resume after either the first or second announcement, reconciliation is legally presumed. The latest court filing urges authorities to classify 'Talaq-e-Hasan' and similar non-judicial unilateral divorces as social harms that deserve a complete prohibition. It additionally requests retroactive and ongoing financial and social security for divorced women and any children impacted by arbitrary marital dissolutions.
The petition asks the court to direct the Centre to establish and enforce uniform procedural safeguards and legally binding guidelines for all forms of talaq and Muslim personal law divorces. The goal is to guarantee fairness, transparency, reconciliation, and the defense of fundamental rights for women under Articles 14, 15, and 21 of the Constitution. Furthermore, the plea urges the judiciary to invalidate Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent that it acknowledges and legitimizes 'Talaq-e-Hasan'. Comprehensive, gender-equitable, and religion-neutral mechanisms for marriage dissolution are also requested to align with constitutional mandates.
Article 14 guarantees equality before the law, Article 15 bars discrimination based on religion, race, caste, sex, or place of birth, and Article 21 safeguards life and personal liberty. Beyond divorce, the petition seeks a judicial declaration that the lack of statutory regulations for polygamy under Muslim personal law is discriminatory and violates these articles, as it allows men to contract multiple marriages without ensuring equity, dignity, consent, and financial security for current wives. It also asks the court to declare that marrying again without the informed and free consent of an existing spouse, while hiding such intent, is arbitrary and unconstitutional.
In 2017, the Supreme Court ruled triple talaq—another traditional Muslim divorce method—to be unconstitutional after determining it was arbitrary and breached women's fundamental rights. This new petition prompts the apex court to review 'Talaq-e-Hasan', alternative unilateral divorce practices, and the existing protections afforded to women and children under Muslim personal law.