Supreme Court will hear the petition against Talaq-e-Hasan (File photo)

The Supreme Court is ready to hear after four days on the petition of a Muslim woman against Talaq-e-Hasan.

There was a demand for an early hearing on this on behalf of the woman.

The CJI assured that he would hear the matter after four days.

The petition has sought a direction to the Center to frame guidelines for gender neutral religion, equal grounds for divorce and equal procedure for divorce for all.

This petition has been filed by Ghaziabad-based journalist Benazir Hina.

She has alleged in the petition that her husband and her husband's family used to torture her for dowry, when she refused, he unilaterally granted her extra judicial Talaq-e-Hasan through a lawyer.

Pinky Anand, on behalf of the petitioner Benazir, had said that the victim has an 8.5-year-old son.

The first notice was received on April 20.

Earlier, the Supreme Court had refused an early hearing.

The court had said that the petitioner should mention for hearing next week.

Pinky Anand, on behalf of the Muslim woman, told the Supreme Court that on April 19, the husband issued her the first notice under Talaq-e-Hasan.

After this, a second notice was issued on 20 May.

If the court does not intervene, the divorce proceedings will be completed by June 20.

But Justice DY Chandrachud had said, on April 19, the first notice was issued, but you waited till the second notice.

We will hear the matter after the court opens.

There is no need for an early hearing on the petition challenging the divorce of the woman.

The judge had also asked why a public interest litigation was filed in this matter, although after pleading with the petitioner, the court said that he should mention next week.

The victim mentioned this in the petition

Benazir Hina has filed a petition calling Talaq-e-Hasan unilateral, arbitrary and against the right to equality.

According to the petitioner, this tradition is not included in the fundamental principle of Islam.

The petitioner pleads with the court that her in-laws harassed her for dowry after marriage, divorced her for not meeting the ever-increasing demand for dowry.

This practice is a social evil like the practice of Sati.

Courts declare it illegal to end it, because thousands of Muslim women suffer due to this evil practice.

Know what is Talaq-e-Ehsan


Three methods of divorce were more in vogue in Islam.

One is Talaq-e-Ehsan.

According to the interpreters of Islam - in talaq-e-ahsan, the husband can divorce the wife when her menstrual cycle is not going on (period of tuhra).

After this, after a period of confinement for about three months, that is, after iddat, he can withdraw the divorce.

If this does not happen, then divorce is considered permanent after iddat, but even after this, if the couple wants, they can get married in the future, so this divorce is called Ahsan i.e. best.


Know what is Talaq-e-Hasan


The second type of divorce is Talaq-e-Hasan.

Its procedure is also like Talaq-e-Ehsan, but in this, the husband calls his wife talaq three times, that too when the wife's menstrual cycle is not going on.

Here the husband is allowed that he can withdraw the divorce before the end of the period of iddat, if the divorced couple wants, they can get married again in the future.

In this process, immediately after saying talaq for the third time, it is considered final.

That is, the marriage does not end completely before the third divorce is spoken.

After the third talaq is spoken and the divorce is stamped, the divorced couple can remarry only when the wife, after the completion of iddat, marries another person.

This process is called Halala.

If the old couple wants to remarry, then the wife takes a divorce from the new husband and then takes seclusion in iddat, then she can marry the previous husband.