(Judicial Quest News Network)
19 May, 2023 Hyderabad: Hasin Jahan estranged wife of Cricketer Mohammed Shami moves Supreme Court seeking neutral and uniform laws on Divorce.
The Apex Court on Monday (16, May, 2023), issued notice to the respondents on the plea filed by her.
A Bench of Chief Justice of India (CJI), DY Chandrachud tagged the plea with other similar petitions raising common issues.
It is submitted that Talaq-e-Hassan which is being grossly abused by the Muslim men, as by way of this form of Talaq, the Muslim men has unilateral extra judicial form of power to make three pronouncements of Talaq, spread over a period of three consecutive months, completing which, the marriage shall stand dissolved, without hearing the Muslim Women.
The petition was filed through Advocate Deepak Prakash AOR. The petitioner said that she is aggrieved by extra judicial Talaq-e-Hassanand has received a notice of first pronouncement of divorce under Talaq-e-Hassan dated July 23, 2022, issued by Mohammed Shami, her husband.
She has further submitted that the practice of Talaq-E-Hasan and other forms of unilateral extrajudicial Talaq is neither harmonious with the modern principles of human Rights and gender equality, nor an integral part of Islamic faith. Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the Petitioner in particular. It is submitted that the practice also wreaks havoc to lives of many women and their children, especially those belonging to the weaker economic sections of the society.
The petitioner had received a notice from her husband that upon receiving such Notice, the Petitioner contacted her near and dear one‟s, who also put forth their similar grievances, whereby their husbands had unilaterally divorced them, at their own whims and fancies. Thus, the Petitioner is approaching this Court by way of the present Petition, in the nature of a public Interest Litigation, as the issues involved herein, require adjudication of larger issues related to “Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq” which are still prevalent and in force under the Muslim Personal Laws (Shariat), by way of The Muslim Personal Law (Shariat) Application Act, 1937.
It is prayed tha declaring Section 2 of the Muslim Personal Law (Shariat) Application
Act, 1937 is void and unconstitutional for being violate of Articles 14, 15, 21, 25, in so far as it validates the practice of “Talaq-E-Hasan and other forms of unilateral extra-judicial talaq”;