‘Talaq-e-Hasan’  not as same as triple talaq: SC

The Supreme Court has said the practice of divorce in Muslims through ‘Talaq-e-Hasan’ – which is pronounced once a month over a period of three months – is not akin to triple talaq and the women also have an option of ‘khula‘.

In Islam, a man can take “talaq“, while a woman can part ways with her husband through “khula“.

A bench of Justices SK Kaul and MM Sundresh said if husband and wife cannot live together, it can also grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution.

The top court was hearing a plea seeking to declare ‘Talaq-e-Hasan’ and all other forms of “unilateral extra-judicial talaq as void and unconstitutional”, claiming they were “arbitrary, irrational, and violated fundamental rights”.

“This is not triple talaq in that sense. Marriage being contractual in nature, you also have an option of khula. If two people cannot live together, we are also granting divorce on ground of irretrievable breakdown of marriage. Are you open to divorce by mutual consent if ‘mehar‘ (gift given in cash or kind by groom to bride) is taken care of? “Prima facie, I don’t agree with petitioners. I don’t want this to become an agenda for any other reason,” the bench observed.

Senior advocate Pinky Anand, appearing for the petitioner Benazeer Heena, submitted that though the top court has declared triple talaq unconstitutional, it left the issue of Talaq-e-Hasan undecided.