Wife challenges validity of ‘talaq-e-hasan’ in Delhi HC

Abstract

The Delhi high court has sought response from Delhi Police and a Muslim man whose wife has challenged a notice of “talaq-e-hasan” sent to her. Justice Dinesh Kumar Sharma, in a recent order, asked the husband and police to respond to the woman’s petition.
Talaq-e-hasan, a form of triple talaq, is the practice by which a Muslim man can divorce his wife by saying the word “talaq” once a month for three months.
In her plea, the Muslim woman has sought to declare the notice sent by her husband as “void being in the form of unilateral extra judicial talaq and to be unconstitutional, arbitrary, irrational, contrary to articles 14, 15, 21 and 25 of the Constitution and provisions of United Nations Conventions of Human Civil Rights.”

She also sought directions to religious groups, bodies, and leaders that “permit and propagate such practices not to force her to act according to the Sharia Law and accept talaq-e-hasan.” She wants police protection from religious groups in case any force is used against her to accept talaq-e-hasan.

The petitioner said she got married to the man in September 2020 and alleged that her in-laws compelled her widow mother to organise a lavish marriage ceremony and demanded dowry. She alleged that despite fulfilling their unjustified demands of cash and expensive gifts, she was tortured physically and mentally after which she filed a domestic violence complaint with Delhi Commission for Women and also lodged an FIR in December 2021.[Read More]