The Supreme Court today showed a strict attitude regarding Talaq-e-Hassan, a system that gives unilateral right of divorce to Muslim men. The court declared the divorce granted by a person who did not appear despite notice as invalid. However, the court made it clear that its order is only for this case. He will later hear in detail the questions raised regarding the validity of the divorce system.
The court showed strictness
The Supreme Court has given the order to declare the divorce invalid on the petition of the petitioner named Asma. Despite the court’s notice on this petition pending since 2022, till now Asma’s husband Mohammad Anshar or no lawyer has appeared on his behalf. The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi has said that until the respondent appears and gives clarification on the allegations made by the petitioner, the petitioner and the respondent will be considered husband and wife.
Relief given to the main petitioner also
In the hearing on Wednesday, February 11, the court also gave relief to the main petitioner of the case, Benazir Hina. The court said that the three divorces given to Benazir by her husband Yusuf will not be implemented yet. Former Supreme Court judge Justice Kurian Joseph will mediate in the matter and try to find a solution. The court has given 1 month’s time for this.
What is the matter?
Benazir Hina, a resident of Ghaziabad, was given Talaq-e-Hassan (talaq-e-Hassan (talaq pronounced 3 times at an interval of 1 month) by her husband Yusuf in 2022, but Yusuf did so through a lawyer. That means, divorce was sent to Benazir thrice with the signature of the lawyer. Benazir approached the Supreme Court, calling it illegal. He also challenged the system that gives unilateral right to divorce to Muslim men.
Re-sent divorce also postponed for now
In the hearing held on November 19, the Supreme Court had raised questions on granting divorce on behalf of someone else instead of the husband. Then senior lawyer MR Shamshad, appearing for Yusuf, admitted that this was wrong. Shamshad expressed his intention to correct this mistake. After this, divorce was sent to Benazir through post thrice on behalf of Yusuf Neki. But due to wrong address it did not reach Benazir. Now the Supreme Court has also postponed the fresh divorce and has asked both the parties to approach Justice Kurian Joseph for mediation.
What has Benazir said?
On behalf of Benazir, the court has been told that due to the divorce situation not being clear, she is facing problems in everything like getting her 4 year old child admitted in school, getting a passport made, opening a bank account etc. Everywhere their marital status and consent of the child’s father is sought. Yusuf has remarried after the alleged divorce. Never even paid any expenses for his child. In the hearing held on December 3, the court had ordered the school, passport authority, bank and UIDAI (Aadhaar authority) to prepare the documents of the child without any hindrance.
Other women have also reached court
Benazir Hina’s case is not the only one in the court. Many Muslim women including Nazreen Nisha, Syeda Ambreen, Nasreen, Safia, Asma have reached the Supreme Court. All have described themselves as victims of one-sided Muslim divorce. There is a demand to give constitutional rights to Muslim women like other women of the country. The court has said that it will hear the case in detail and give its decision on Muslim divorce. Now the Supreme Court will hear all these petitions after one month.
