The Supreme Court Muslim divorce safeguards case has come under scrutiny after the court sought responses from the Centre and other parties on a petition demanding uniform procedural guidelines for divorce under Muslim personal law. The petition also challenges the constitutional validity of Talaq-e-Hasan, a form of divorce in which a Muslim man pronounces talaq once a month over three months.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi linked the fresh petition with a separate pending plea filed by a Muslim woman challenging the Talaq-e-Hasan divorce pronounced by her husband.
What Is Talaq-e-Hasan?
Under Talaq-e-Hasan, a husband pronounces talaq once a month over three months. The divorce becomes final after the third pronouncement if the couple has not resumed cohabitation. Reconciliation after the first or second pronouncement means the couple is considered to have reunited.
The latest petition seeks to prohibit Talaq-e-Hasan and other forms of unilateral divorce conducted outside court. It argues that uniform safeguards are needed to ensure fairness, transparency and protection of women's constitutional rights.
Petition Seeks Protection for Women and Children
The petition has asked the Centre to frame legally enforceable guidelines governing all forms of talaq under Muslim personal law. It seeks adequate economic and social protection, including retrospective and continuing safeguards, for divorced women and children affected by arbitrary divorce practices.
It also challenges Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent that it recognises Talaq-e-Hasan as a valid form of divorce.
The plea invokes Articles 14, 15 and 21 of the Constitution, which concern equality before the law, protection against discrimination and the right to life and personal liberty.
Plea Also Raises Questions Over Polygamy
Beyond divorce procedures, the petition seeks safeguards against polygamy where, it argues, the rights of existing wives may be affected. It calls for equality, dignity, informed consent and financial security, and challenges the absence of statutory safeguards governing multiple marriages under Muslim personal law.
The petitioner has also questioned the practice of entering another marriage without the existing spouse's free, prior and informed consent while concealing that intention.
Link With the Triple Talaq Verdict
In 2017, the Supreme Court declared instant triple talaq unconstitutional. The latest petition asks the court to examine Talaq-e-Hasan and other unilateral divorce practices separately, alongside the protections available to women and children.
The court's decision to seek responses does not amount to a final ruling on the petition's constitutional challenges. The matter remains subject to further judicial consideration.
For official information on court proceedings, visit the Supreme Court of India.
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