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,How can a third party pronounce divorce to a woman on behalf of her husband? Is it legal? Is the husband so arrogant that he cannot even directly propose to divorce his wife? If there are such discriminatory practices in the society, the court will have to intervene.
Supreme Court on 19 November Justice Suryakant gave this statement, Talaq-e-Hasan The case was handed over to a bench of 5 judges. Benazir heena verses The Union of India case again raised the issue of divorce. 7 Only a year ago, the Supreme Court had banned triple talaq, and now talaq-e-Hasan palisade Standing in. A.B.P. explainer Let us understand how many divorces there are in Islam, Talaq-e-Hasan What is it and can it also be unconstitutional…
Question 1- Benazir heena of divorce Story What is,
answer- Benazir heena According to the petition filed in the Supreme Court…
- 33 year old Benazir heena She is an independent journalist resident of Ghaziabad. their wedding doctor Joseph It was from Ghani. But after marriage in-laws demand dowry. people Tortured. Her husband and in-laws at Vijay Nagar police station in Ghaziabad in April 2022 people A report of dowry harassment and assault was registered against her.
- Benazir’s husband instead of himself Waki through Speed Post Talaq-e-Hasan Sent notices. The first notice came on 19 April 2022, the second on 19 May 2022 and the third was sent around 19 June 2022. There was a mention of divorce in every notice, but the biggest problem was that the notice did not have the husband’s own signature, only that of the lawyer. The husband later remarried, but Benazir got stuck as she did not have legal proof of divorce.
- For this reason she was neither considered married nor divorcedchild’s school admission Couldn’t do it because Single parent Could not provide proof. The child’s passport could not be made. Dowry amount and child maintenance allowance were also not received. father Nate only 17 thousand rupees lump sum Gave the amount.
- Benazir has filed a PIL against this in the Supreme Court in 2022. (PL) Filed. In this he demanded that Talaq-e-Hasan be declared unconstitutional because it discriminates against women and violates the Constitution 14 (Equality), 15 (Prohibition of Discrimination), 21 (Dignity of Life) and 25 (Freedom of Religion). as well as gender And demanded to make religion neutral divorce law.
Question 2- What did the Supreme Court say on this matter, which is being discussed everywhere?,
answer- in the supreme court Justice Suryakant, Justice bright Bhuiyan And Justice n Kotishwar lion’s three membered The bench heard this case. The court issued Talaq-e-Hasan Condemned it. The court questioned whether such a tradition can be accepted in a modern and civilized society. How to invent this discriminatory practice.
Supreme Court said- How can a third party pronounce divorce to a woman on behalf of her husband? Is it legal? Is the husband so arrogant that he cannot even directly propose to divorce his wife? community like this How is it promoting such practices? If there are such discriminatory practices in the society, then the court will have to intervene.
This comment of the Supreme Court again brought divorce into the headlines. First, there is the discussion of Shah Bano case in 1985, ban on triple talaq in 2017 and now Talaq-e-Hassan. Benazir has demanded to ban this divorce in her petition.
Justice Suryakant said, ,Let them come here decently and now henna Give them what they want unconditionally, They have no right to enjoy their life and let someone ruin their life.,
Question 3- How many types of divorce are there in Islam and what happens in them?,
answer- Shariat in Islam (Hanafi fiqh Which is highest in India and Pakistan follow According to this, there are mainly three types of divorce from the husband’s side. All three are justified but their preference And the status of being Sunnah is different.
1. Talaq-e-ahsan
- This is the best and most preferred method. In this the woman should be pure (before or after menstruation) and tuhar If I have not had sexual intercourse, then only one Rajai Divorce is granted.
- Then there is a wait of 1 month. If during this time the husband Rujua That is, if you return, the marriage remains intact and the divorce is cancelled.
- If 1 month passes and Ruju If not, the divorce becomes final, that is, a Baine Divorce.
2. Talaq-e-Hasan
- it Too Complete Kind justified And Mustahab ,Favorite) method. In this, one divorce is given every month for three months. i.e. the first tuhar One divorce, another tuhar second divorce and third tuhar That means divorce three times.
- Even after the first two divorces Ruju Has full rights. but the third Talka After giving, the marriage ends.
3. Talaq-e-heresy
- This method has been described as the most disliked practice in Islam. In this, giving triple talaq in one meeting or in one word, like ,i give you triple talaq, Or three times ,divorce-divorce-divorce,,
- One hee Times In Three Divorce fall caste Are And marriage Immediately End yes go Is, Who mughallja There is a divorce. Sahih Hadith Of According, prophet Sir called it a crime and a curse heresy Said.
- In India, it is a criminal offense since 2017, that is, giving triple talaq can lead to a punishment of up to 3 years. This is not legally valid.
At the same time, if a woman wants to get a divorce then They open can take or kaziat I will go to a Qazi Passover-Can marry. Due to this the marriage gets cancelled.
Question 4- Is Talaq-e-like Triple Talaq?Hasan Can there be a ban on this too?
answer- experts believes that the Supreme Court has raised so many questions during the hearing that Talaq-e-Biddat like talaq-e-Hasan There may also be a ban on. The Supreme Court clearly said, ,Can any civilized society approve of such a practice in 2025? This is an insult to the dignity of women, But it may be too early to decide about the ban. In 2017, when the Supreme Court declared triple talaq unconstitutional, nationwide There were protests and the situation had worsened. supreme The court currently all india muslim personal Reply has also been sought from the board. Supreme Court Benazir heena The case will be heard on 26th November.