Lawstreet Journal

[BENAZEER HEENA CASE] Request For Urgent Listing Of Talaq-E-Hasan Matter Sent To CJI Ramana’s Court – Read Letter

Lawstreet Journal 9 May 2022 5:15pm

Image courtesy: Lawstreet Journal Judiciary [BENAZEER HEENA CASE] Request For Urgent Listing Of Talaq-E-Hasan Matter Sent To CJI Ramana’s Court – Read Letter

Benazeer Heena, a Muslim woman journalist moved the Supreme Court with a plea challenging the practice of Talaq-e-Hasan, by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months [Benazeer Heena v. Union of India & Ors]. 

A letter seeking urgent listing of plea challenging Talaq-e-Hasan has been sent to Chief Justice of India N.V. Ramana’s Court. 

The letter states that Talaq-e-Hasan is a unilateral extra judicial form of Talaq and is similar to Talaq-e-Biddat. It can also be given through SMS, Email, Phone and by Post and the only difference is that it is given in three different instalments of 30 days.

In this case, the petitioner’s husband has sent her the first instalment of Talaq-e-Hasan through speed post on 19.04.2022. Therefore, he will send second letter on 19th May and third and final letter of Talaq-e-Hasan on 19th June. 

Thus, Adv. Ashwani Dubey, AOR, has requested the CJI Court to list the matter urgently and that the practice of unilateral Talaq-e-Hasan be stayed otherwise petitioner’s divorce will be final when Courts open in July.

The Public Interest Litigation (PIL) filed by journalist Benazeer Heena, seeks a declaration that the practice of Talaq-e-Hasan is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.

The PIL also seeks guidelines on a gender and religion neutral procedure and grounds for divorce.

The petitioner's husband had allegedly divorced her by sending a Talaq-e-Hasan… Continue Reading...


Tagged: BENAZEER HEENA   Ashwini Upadhyay  
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