Prima facie Talaq-E-Hasan not so improper, women too have option of “Khulaâ€: SC
Deccan ChronicleNew Delhi: The Supreme Court on Thursday observed that the practice of talaq-e-hasan among Muslims, under which a man can divorce his wife by pronouncing “talaq” once a month for three consecutive months, is not prima facie improper as women have the option of “khula” divorce. Senior advocate Pinky Anand appearing for the petitioner Benazeer Heena – a journalist - told the court that though the top court had declared instant triple talaq unconstitutional, it left the issue of talaq-e-hasan undecided. She has also sought declaration that the Section 2 of the Muslim Personal Law Application Act, 1937 as void and unconstitutional for being violative 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”. It also sought deceleration that the Dissolution of Muslim Marriages Act, 1939, is void and unconstitutional for being violative of Articles 14, 15, 21, and 25 in so far as it fails to secure for Muslim women the protection from “talaq-e-hasan and other forms of unilateral extra-judicial talaq”.