New Delhi: The Supreme Court has made a big comment on the petition challenging the Talaq-e-Hasan. The apex court has said that at present, looking at this case, it seems that Talaq-e-Hasan is not wrong. Making these big remarks, the Supreme Court has adjourned the hearing of the case to August 29. During the hearing, Justice Sanjay Kishan Kaul said that prima facie Talaq-e-Hasan does not seem so unfair and women also have an open option in this.
The Supreme Court further said that prima facie I do not agree with the petitioners, we will look into the matter. Justice Sanjay Kishan Kaul, while making an important observation, also said that I do not want this issue to become an agenda for any other reason. The court also asked the petitioner woman to tell whether you are ready for divorce by consent or not. The court also asked the petitioner woman, "Why has she come directly to the Supreme Court regarding this matter? Whether he went to the High Court regarding this matter or not. Are more such cases pending?"
Let me tell you that a woman from Ghaziabad has filed an appeal against talaq-e-Hasan in the Supreme Court. The woman was served notices by her husband under Talaq-e-Hasan, which she challenged in the apex court. The woman argues that Talaq-e-Hasan is against the dignity of women and it is also against the right to live with dignity.
What is Talaq-e-Ahsan?
At the same time, in Talaq-e-Ahsan, when the husband says Talaq to the wife once, then it is considered a divorce. After this, the time of Iddat starts and this time is 90 days. It is said that during this time physical relations between husband and wife cannot be established. If the husband and wife have a relationship during these 90 days, the divorce is automatically annulled. That is, Talaq-e-Ahsan can be ended at home.
Which divorce is unconstitutional in the Triple Talaq law?
Explain that the Supreme Court had declared triple talaq i.e. Talaq-e-Biddat unconstitutional in one go. However, other methods of divorce are still valid and they are applicable as before. Triple talaq is called Talaq-e-Biddat. This is considered the most common method. In this, the husband divorces the wife by saying 'Talaq' three times at a time. After this, the marriage breaks down immediately. This divorce cannot be withdrawn.
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