Talaq-e-Hasan case: A woman, Kurrat Latif, has approached the Supreme Court against a petition seeking to declare Talaq-e-Hasan and all other forms of ex-parte divorce as invalid and unconstitutional. He has demanded to retain this provision. He said that I got divorce easily due to Shariat system.
He argued that it was in accordance with the principles of Islam. At the same time, this matter is also pending in Delhi HC. He said that Benazir should be asked to go there first. The petition states that the original petitioner benefited from a justifiable extra-judicial divorce under the Shariat and was able to get out of a bad marriage without going to court and adding to the judicial proceedings already pending.
This matter is also pending in Delhi High Court
The petition states that the petitioner is filing the petition with the limited objective of showing to the Hon’ble Court that a writ petition in the broader sense of the matter is pending in the Hon’ble High Court of Delhi in which the notice has been issued. Therefore, it may be suggested to the (original) petitioner to place his point of view before the High Court which is aware of the matter, it said.
It is said that if the High Court gets the first opportunity to decide, the party retains the valuable right of appeal. It is noteworthy that a petition has been filed in the Supreme Court requesting to declare Talaq-e-Hasan and all other forms of ex-parte divorce as invalid and unconstitutional. The petition has claimed that talaq-e-hasan and other such unilateral extra-judicial divorce procedures are arbitrary and irrational and violate fundamental rights.
What is Talaq-e-Hasan?
On the other hand, the petition filed by Ghaziabad resident Benazir Hina has been requested to direct the Center to prepare guidelines for common ground and procedure for divorce for all citizens. The petitioner has claimed that she has been a victim of unilateral extra-judicial talaq-e-hassan. The petitioner claimed that the police and officials told him that talaq-e-hasan is permissible under the Shariat. In talaq-e-hasan, talaq is called once a month over a period of three months. The divorce is formalized after the third time in the third month, after saying divorce.
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