New Delhi: The issue of divorce of Muslim women has once again reached the supreme court's framework. The latest case pertains to talaq-e-hasan, which has been filed in the Supreme Court seeking quashing. However, the court has refused to hear the petition at the earliest. The top court has asked the petition to be admitted next week.
Senior advocate Pinky Anand, appearing for the petitioner, Muslim woman Benazari, told the top court that on April 19 this year, the victim's husband had sent her the first notice under talaq-e-hasan. After this, the husband sent a second notice to the woman on May 20. Pinky Anand said that if the court did not intervene, then according to Islamic principles, the divorce of the woman would be considered by June 20. So, the supreme court should hear it soon.
Justice Dhananjay Yashwant Chandrachud, who is heading the bench, said, "The first notice was issued on April 19, but you waited till the second notice, we will hear the matter after the court opens." The apex court said that the petition of the woman challenging talaq-e-hasan need not be heard soon.
What is Talaq-e-Hasan?
Talaq-e-Ahsan is the most valid process of divorce among Muslims. In this, a man divorces his wife once, but he does not leave the wife. The wife lives with the husband. If there is no reconciliation between the two within a gap of three months, then the divorce becomes effective after the completion of the iddat period of three months and the husband-wife relationship between the two ends. In Talaq-e-Hasan, the husband divorces his wife at an interval of one month each, in the meantime, if the relationship between the two is not formed or there is no reconciliation, then their relationship ends when they say divorce for the third time in the third month. In this, divorce is said to be at an interval of per month.
What is talaq-e-ahsan?
At the same time, in Talaq-e-Ahsan, when the husband says divorce to the wife only once, then it is considered divorce. After this, the time of iddat starts and it is 90 days. It is said that during this time you cannot establish physical relations between husband and wife. If during these 90 days the husband and wife form a relationship, the divorce is cancelled on its own. That is, talaq-e-ahsan can be eliminated in the house itself.
Which divorce is unconstitutional in triple talaq law?
Let us know 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 are as applicable as before. Triple talaq is called talaq-e-biddat. This is considered the most common way. In this, the husband divorces the wife by saying 'talaq' three times at a time. After that, the marriage breaks down immediately. This divorce cannot be revoked.