SC to examine validity of Talaq-e-Hasan, Talaq-e-Ahsan

The Supreme Court is slated to hear on Thursday a batch of petitions challenging the constitutional validity of unilateral divorce practices in the Muslim community, including Talaq-e-Hasan and Talaq-e-Ahsan, which permit a Muslim man to dissolve a marriage without the consent of the wife.

As per the cause list published on the apex court’s website, the matter is listed for hearing on March 19 before a Bench comprising Chief Justice of India (CJI) Surya Kant, and Justices Joymalya



Bagchi and Vipul M. Pancholi.

The pleas raise questions about whether such forms of “extra-judicial” divorce violate fundamental rights guaranteed under Articles 14, 15, and 21 of the Constitution, particularly the rights to equality and dignity of Muslim women.

During the previous hearing, the top court had passed interim directions in individual cases while refraining from making any conclusive determination on the validity of the practices themselves.