NEW DELHI: In an unprecedented move, the Supreme Court of India has put on hold two attempts by an advocate to divorce his wife through talaq-e-hasan and referred the matter for mediation, even though the man had remarried after issuing the first talaq in 2022.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took the step amid sharply differing interpretations of Shariat and Muslim personal law.
Senior advocates Rizwan Ahmed, appearing for the woman Benazeer Heena, and M R Shamshad, representing the man Yusuf Naqi, presented opposing views on the validity of talaq-e-hasan.
Dispute Over Validity of Divorce
Naqi had first pronounced talaq-e-hasan in 2022, a form of divorce involving three pronouncements made over three months. Heena challenged its validity, arguing that it left Muslim women vulnerable, as it did not ensure maintenance or financial security.
The Supreme Court noted that the talaq was conveyed to her through her husband’s counsel. Heena told the court that she could not remarry as she did not consider the divorce valid under Muslim personal law.
While Shamshad argued that a valid divorce had been granted, Ahmed contested the claim and termed the second attempt at talaq illegal.
Court Pushes for Amicable Resolution
The bench said there was an “urgent and dire necessity” to refer the parties to mediation to resolve their marital dispute and examine whether talaq-e-hasan had been validly pronounced.
“We find it appropriate to explore the possibility of an amicable settlement and alternative solutions,” the court observed.
The matter has been referred to mediation under former Supreme Court judge Kurian Joseph, who was part of the majority verdict that struck down instant triple talaq in the Shayara Bano case on August 22, 2017.
Another Case on Talaq-e-Hasan
In a separate petition filed by Aasma from Delhi, questioning the validity of talaq-e-hasan, the bench noted that her husband, Mohd Anshar, had failed to respond to court notices.
The court directed the SHO of Karawal Nagar police station to ensure Anshar’s presence at the next hearing.
No Ruling on Validity Yet
After the orders were passed, Shamshad said the proceedings should not be seen as suggesting that talaq-e-hasan is an invalid form of divorce under Muslim law.
Clarifying its position, the bench said it had expressed no opinion on the legality of talaq-e-hasan and was only facilitating efforts toward an amicable settlement between the parties.
The cases are expected to have wider implications for the interpretation of Muslim personal law and the rights of women in marital disputes.
