Supreme Court Questions Validity of Talaq-e-Hasan Amid Allegations of Divorce Through Lawyer’s Notice

The Supreme Court has suggested that the challenge to Talaq-e-Hasan may be placed before a five-judge bench while hearing a PIL by journalist Benazeer Heena. 

The practice permits a Muslim man to divorce his wife by pronouncing “talaq” once a month over three months.

During the hearing, counsel pointed to a case where a woman received an eleven-page talaq notice allegedly signed not by her husband but by his lawyer. 

The Bench questioned whether such a unilateral divorce, affecting women’s dignity, can be justified today. Further, the court asked all parties to file notes on the legal issues and directed the husband to appear and follow the proper procedure. 

[Benazeer Heena V Union of India & Ors.]