Explained: What the SC said and how is Talaq-e-Hasan different from triple talaq
New Delhi, Aug 17: The Supreme Court on Tuesday said that the practice of divorce in Muslims through the 'Talaq-e-Hasan' pronounced once a month over a period of three months is not similar to 'triple talaq.' The women also have an option of 'khula' the court said.
While a Muslim man can take 'talaq' a woman can separate from her husband through 'khula.' The observations were made by the court while hearing a petition seeking to declare 'Talaq-e-Hasan' and all other forms of unilateral extra judicial 'talaq' as void and unconstitutional.
The petitioner claimed that they were arbitrary, irrational and violated fundamental rights. Let us take a look at how this is different from the now illegal 'triple talaq.'
Talaq-e-Hasan is pronounced once a month over a period of three months. If the cohabitation does not resume during this period the divorce is formalised after the third utterance in the third month.
If the cohabitation resumed after the first or second utterance of 'talaq' the parties are assumed to have reconciled. The first and second utterances of 'talaq' are then deemed invalid.
Difference between Talaq-e-Hasan and Triple Talaq:
In Islam there are three types of divorce- Talaq-e-Ahsan, Talaq-e-Hasan and Talaq-e-biddat. 'Ahsan' means best of most proper. Under Talaq-e-Ahsan the husband must pronounce divorce in a single sentence when the wife is not menstruating.
The divorce is followed by a period of abstinence known as 'iddat.' The duration is ninety days or three menstrual cycles or three lunar months.
Talaq-e-biddat is the most controversial form of divorce and was banned in 2019 by the government. This can take the form of triple talaq or instant divorce when the husband can pronounce 'talaq' thrice one sitting to divorce his wife. There is no observation of a waiting period in this form of talaq.
What the petitioner said:
The petitioner said that her husband had sent her a Talaq-e-Hasan notice through his lawyer on April 19 after her family refused to pay dowry. She also sought a direction to the Centre to frame guidelines for neutral and uniform grounds of divorce and procedure for all citizens.
The Supreme Court said that Talaq-e-Hasan form of divorce is not so improper as the women have the option of khula. Triple talaq on the other hand is instant, the Bench said.
"This is not triple talaq. You (women) also have option of Khula. If two people cannot live together, we are also granting divorce by irretrievable breakdown of marriage. Are you open to divorce by mutual consent if mehar (gift given in cash or kind by groom to bride) is taken care of," the bench asked the petitioner.
"Prima facie I don't agree with petitioners. Let us see. I don't want this to become an agenda for any other reason," the Bench said.
The court told the petitioner that dissolution of marriage is also possible without the intervention of this court through 'mubarat.' The next date of hearing has been fixed for August 29.