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An Intervention application has opposed the plea challenging provisions which allow the practice of Talaq-e-Hasan and other forms of unilateral extrajudicial Talaq's under muslim law, contending that the same be declared void and unconstitutional.
The application filed by one Qurrat Ul Ain Latif has contended that she has already "benefitted" from this practice of extra-judicial divorce which is already permissible under Shariat.
"In that she was able to exit a bad marriage without having to go to the court and add to pendency of judicial proceedings," the plea states.
The intervention has been in a Public Interest Litigation filed by Benazeer Heena through Advocate Ashwini Upadhyay has further sought direction to frame guidelines for gender-neutral religion-neutral uniform grounds of divorce & uniform procedure of divorce.
The application has stated that a similar petition over the issue of the validity of talaq-e-hasan and extra judicial divorce recognized under Section 2 of the Shariat (Application) Act, 1937 is pending before Delhi High Court, wherein the Central Government's response is still pending.
The current application has further submitted that the Petitioner appears to have a personal interest in the outcome of the case and does not satisfy the test for credentials of Petitioner in PIL jurisdiction, whereas, the public interest litigant has stated that Heena has filed the PIL for the development of socially-economically downtrodden and marginalized citizens.
The plea has alleged that Heena married to Yusuf Naqi as per Muslim rites on December 25, 2020, and has a male child from wedlock. Heena's parents were compelled to give dowry and later she was tortured for not getting big dowry. Heena's husband and his family members tortured her physically-mentally not only after the marriage but also during the pregnancy which made her seriously ill. When Heena’s father refused to give dowry then her husband gave her Unilateral Extra-Judicial Talaq-E-Hasan through a Lawyer, which is totally against Articles 14, 15, 21, 25 and UN Conventions.
Cause Title: QURRAT UL AIN LATIF (Applicant) in Benazeer Heena Vs. Union of India & Ors.
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