New Delhi: A petition has been filed in the Supreme Court on a manner to seek divorce in the Muslim religion, namely Talaq-e-Hasan. The petition, filed in the court, has sought to quash of Talaq-e-Hasan and other such proceedings as illegal. A petition has been filed by Benazir Heena of Ghaziabad through advocate Ashwani Upadhyay in the top court seeking a divorce. At the same time, the petition said that in the triple talaq law, only talaq-ul-biddat has been declared an offence.
The petitioner contended that apart from talaq-ul-biddat, talaq-e-hasan and talaq-e-hasan have not been declared unconstitutional, illegal or criminal offences in the triple talaq law. Not all forms related to divorce have been declared unconstitutional. There are three ways of getting divorced in Islam, which include talaq-e-hasan, talaq-e-hasan and talaq-ul-biddat. In such a situation, the question arises that what is talaq-e-hasan after all and what is the process of getting divorced in it.
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 his wife. The wife lives with the husband. If there is no reconciliation between the two in the span of three months, then the divorce becomes effective after the completion of the three-month iddat period 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 reconciliation is not reached, then their relationship ends when they divorce for the third time in the third month. In this, divorce is called at intervals per month.
What is talaq-e-ahsan?
At the same time, in talaq-e-hasan, 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-hasan can be eliminated in the house itself.
Which divorce is unconstitutional in triple talaq law?
The Supreme Court had declared triple talaq i.e. talaq-e-biddat unconstitutional at 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 immediately breaks down. This divorce cannot be revoked.