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A petition challenging the practice of Muslim Personal Divorce Law through the Muslim Personal Law Firm of Talaq-E-Hasan was mentioned before a Supreme Court vacation bench on Wednesday for urgent registration.
Senior Attorney Pinky Anand mentioned the motion for public interest litigation filed by journalist Benazeer Heena before a holiday bench including Judges DY Chandrachud and Bela Trivedisaying that the petitioner has received the second notice from talaq.
According to Talaq-E-Hasan, a Muslim man can divorce his wife by saying “talaq” once a month for three months.
“Notices were issued through Talaq E Hasan’s lawyer. We dispute the procedure. The first notice was issued on April 19. Now the second notice has been issued,” Ms Anand said.
“Why under Article 32?” asked Judge Chandrachud.
“The issue of only Talaq E Biddat was considered in Shayra Bano. Talaq-E-Hasan was left out. We dispute that,” Anand replied.
“There is no rush. We will maintain it on the day of reopening after the holidays,” Judge Chandracud said.
“At that time, the whole third talaq will be given and it will all be over. She received the second notice on May 19 and on June 20 it will be over”
“There is no urgency in this. You get the first notice on April 19 and wait for a period to come here,” Judge Chandrachud said.
“When we reopen, it will all be over. This is an abused woman,” Anand asked.
“You talk about it next week, so take a chance,” Judge Chandrachud said.
Earlier, on May 9, the Chief Justice of India refused to grant an urgent list for the plea.
The petitioner argues that the practice is discriminatory since only men can practice it and asks for a declaration that the practice is unconstitutional as it is arbitrary and violates articles 14, 15, 21 and 25 of the constitution. According to the petitioner, this is not an essential practice of the Islamic faith.
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