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Synopsis

Delhi High Court last week issued notice in a plea challenging the practice of Talaq-e- Hasan as being unconstitutional and arbitrary. The plea also states that the said practice is contrary to the principles enunciated in the United Nations Convention of Human Rights.

Raziya Naaz had approached the High Court seeking a declaration that the notice of Talaq-e-Hasan sent to her on June 2, 2022 was void being in the form of unilateral extra judicial Talaq and unconstitutional, arbitrary, irrational, contrary to Articles, 14, 15, 19 & 21 and provisions of United Nations Conventions of Human Civil Rights.

Talaq-E-Hasan is a practice of pronouncing divorce in Muslim Personal law, whereby a man can divorce his wife by verbally pronouncing talaq once a month for three months. 

The vacation bench of Justice Dinesh Kumar Sharma has issued notice to the Delhi Police as well as the Naaz's husband.

Similar petition challenging Talaq-e-Hasan was also recently preferred before the Supreme Court.

Background:

After marriage, Naaz claimed that her husband and his family members were physically and mentally harassing and torturing her in the matrimonial house and at her family's residence. This was due to their refusal to give money and other expensive gifts to the husband's family. 

Naaz had also initiated Domestic Violence proceedings against the husband and his family. 

It is Naaz's case that to circumvent the proceedings of the Protection of Women from Domestic Violence Act, 2005 and other proceedings against him, he pronounced Talaq-e-Hasan, which being a unilateral extra judicial talaq, is grossly injurious to the fundamental rights of married muslim women.

In her plea before the High Court, Naaz has also pleaded that the practice of Talaq-e-Hasan contravenes Article 21 of the Constitution, as it discriminates between men and women thereby grossly offending the right to dignity of a woman.

Apart from challenging Talaq-e-Hasan, the plea prays for a direction that all religious groups, bodies and leaders that permit and propagate such practices, must not force her to act according to the Shariat Law and accept Talaq-e-Hasan. 

Directions on the Delhi Police for her protection from all religious groups, bodies and leaders that permit and propagate such practices has also been sought.

The matter has now been listed for August 18.

Case Title: Raziya Naaz vs. Shahenshah Alam Khan and Ors.