Thrown out of marital home, journalist challenges Talaq-e-Hasan, seeks uniform divorce law to protect women
India Today
A Ghaziabad-based journalist was thrown out of her marital home after her husband divorced her through Talaq-e-Hasan.
The Supreme Court has agreed to hear a plea filed by a Ghaziabad-based journalist who had approached the court in May against the practice of Talaq-e Hasan. The matter was adjourned as "non urgent" at that time. The Chief justice of India has now agreed to hear the matter on Friday.
Talaq-e Hasan is a form of triple talaq by which a husband can divorce his wife by saying talaq once a month for three consecutive months.
Now in July, after receiving notice through a lawyer of the third pronouncement of talaq by her husband, her lawyer has once again knocked on the doors of the Apex court, seeking an urgent hearing in her case.
Senior advocate Pinki Nanad, mentioning the matter before the bench headed by CJI NV Ramana, informed the court that Benazeer Heena and her 8-month-old child had been forced to leave her marital home, and the third pronouncement of Talaq means that she is now left without any recourse.
In her petition, Benazeer has also sought direction from the Centre to frame guidelines for neutral and uniform grounds of divorce and procedure for all citizens. The petition has also challenged the validity of the Muslim Marriages Act 1939 and the Muslim Personal Law Shariat Application Act 1937, as they have upheld the practice of unilateral talaq by the husband.
She has argued that unilateral talaq is "arbitrary, irrational and contrary to provisions of article 14, 15, 21, 25 and international conventions" and should be declared unconstitutional.
The plea also alleges that the unilateral talaq process causes "gross affront to the dignity of women" and their right to equality and right to life with dignity.
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