- Can divorce a woman in three installments every three months
- The Supreme Court said that women have the right to open
- Benazir also has an 8-month-old baby
Talaq and HasanThe Supreme Court on Tuesday gave its opinion regarding Talaq-e-Hasan. , the court said that prima facie talaq-e-hasan is not unreasonable. On this petition, Supreme Court Justice Sanjay Kishan said that Muslim women have the right to take this open divorce. He further said that he does not agree with the contention of the petitioner. The petitioner, who hails from Ghaziabad, challenged in the court that Talaq-e-Sahhan is discriminatory against women. Petitioner’s lawyer Pinky Anand said the first triple talaq has been declared unconstitutional in the Supreme Court. But the Talaq-e-Hasan case is still pending.
What is Talaq-e-Hasan?
Under Talaq-e-Hasan, any Muslim man can divorce any woman in three installments every three months. Understand in simple language, if a man divorces his wife in March and does not repeat it in April, then their marriage will remain intact. But if the same person pronounces talaq three times in a row in March, April and May, then according to the law it will be considered a divorce. According to Talaq-e-Hasan, it is the last chance that if the husband has said divorce to the wife, then the marriage between the two will be considered as terminated. If there is an agreement between the two during these three months, there will be no need to remarry.
What is this open option?
The Supreme Court said that women have the right to open. Let us tell you that women have full rights in open divorce. If she does not get along with her husband, then she has the right to divorce her husband. If the man is not ready, the woman can go to the Darul Kada Committee. Where you can share your problems. After this, the points of both the parties will be understood, so if the case does not succeed, then the Qazi may allow the woman to be divorced. Although there are cases where the qazi requires witnesses to be present at the time of the marriage, but even if there are no witnesses, then this divorce can be done. According to Sharia law, this decision rests with the husband and the wife.
Talaq-e-ehsan and talaq-e-biddat are also an option
According to the Muslim court, talaq-e-hasan and talaq-e-biddat are also an option through which divorce can be granted within three months. However, there is no provision to say triple talaq in it. Husbands can stay in the same house for three months by saying talaq only once. If mutual consent is not reached within three months, divorce can be taken. If the case is settled, if there is an agreement between the two, then the man does not want a divorce, then he can withdraw the divorce within three months.
There have already been cases
In a similar case, Supreme Court advocate Ashwini Upadhyay said that we have filed a petition on behalf of Benazir. It has been told in this petition that Benazir got married to Yusuf Naki, a resident of Delhi, in 2020. After the marriage, there was no bond between the two. Her husband left her due to a domestic dispute and after 5 months she was divorced by post. It was written in this letter that we give the first divorce under Talaq-e-Hasan. Benazir also has an 8-month-old boy. She no longer lives with her husband.
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