SC admits pleas against Talaq-e-Hasan: Know about the Muslim divorce practice and how it is different from Triple Talaq

The Supreme Court on Tuesday admitted the pleas seeking 'Talaq-e-Hasan' and all other forms of "unilateral extrajudicial divorce" to be declared unconstitutional. 'Talaq-e-Hasan' is a form of divorce among Muslims by which a man can dissolve the marriage by pronouncing the word 'talaq' once every month over a three-month period.

A three-judge bench headed by Justices S K Kaul asked the Centre, National Commission for Women, National Human Rights Commission and others to file their responses within four weeks.

In August, the top court made it clear that the practice of divorce in Muslims through ‘Talaq-e-Hasan’ is not similar to triple talaq and the women also have an option of ‘Khula’. 

In Islam, talaq and khula are two terms for divorce for men and women respectively. A man can part ways through 'talaq' while a woman can separate with her husband through 'Khula'.

A Bench of Justices MM Sundresh and SK Kaul had stated if wife and husband can not live together, it can also grant a divorce on the ground of irretrievable breakdown under 142nd Article of the Indian Constitution.

What is Talaq-e-Hasan?

By Talaq-e-Hasan, a Muslim man can divorce his wife by uttering Talaq one for three months. If the couple is not living together, divorce gets formalised after the third utterance in the third month. 

However, in case the couple comes back to live together after the first of second utterance, then the parties are presumed to have reconciled and the first or second utterance becomes null and void. 

Post the divorce, the wife is not allowed to remarry for a specific time period. This period is called ‘iddat’, which ensures that the woman is not carrying any offspring in her womb. 

Once divorced after the third month of abstinence, the husband and wife cannot remarry each other and the woman has to marry another man and divorce that man. After divorcing her second husband, she can marry her former or first husband.

How is it different from Triple Talaq?

Under Triple Talaq, also known as Talaq-e-Biddat, a Muslim man can divorce his wife by uttering ‘talaq’ thrice consecutively and the marriage is invalid instantly. 

Khula and Mubaraat are two other types of divorce prevalent among Muslim women. Mubaraat is a conventional divorce with mutual consent, while Khula is at the instant on the wife's will. In Khula, a wife desires a separation but in the Mubaraat, both sides desire separation and there is mutual consent involved.

On Monday, the top court sought responses from the Centre and others to a plea seeking to declare all forms of “unilateral and extrajudicial” divorce among Muslims including ‘Talaq-e-Kinaya’ and ‘Talaq-e-Bain’ as void and unconstitutional.

A bench of Justices S A Nazeer and J B Pardiwala issued notices to the Ministry of Law and Justice, Ministry of Minority Affairs and others while seeking their replies.