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Delhi High Court seeks response to woman’s plea challenging constitutional validity of Talaq-e-Hasan

Calling it an abominable practice when seen in light of the progressive times of the 21st century, the plea states,

“The Petitioner being a Muslim woman is the direct victim of the ‘unilateral extra-judicial talaq’ i.e. “Talaq-E-Hasan” as she can’t exercise this against her husband being the subject of the atrocities & cruelties but the right her husband is always there to use this unilateral extra-judicial talaq, which is the clear violation of the Article 14 which guaranteed the equality before the law to any one, without any sort of discrimination on the basis of cast, creed, religion, gender etc.”

The plea further pointed out that since the Supreme Court has already declared triple talaq as illegal in the case of Shayara Bano, forms of “unilateral extra-judicial talaq” should not exist.

Therefore, Naaz said that Talaq-E-Hasan is not only arbitrary, illegal, baseless and an abuse of law, but also goes against Articles 14, 15, 21, 25 of the Indian Constitution and United Nations Conventions.

The plea also seeks a direction to all religious groups, bodies and leaders to not force Naaz to act according to Sharia law and accept this form of divorce. Naaz has also sought police protection from these religious groups and leaders in case any force is used against her to accept Talaq-e-Hasan.

Source: Barandbench

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