Supreme Seeks Opinion of NCW, NHRC And NCPCR In Pleas Challenging Talaq-e-Hasan
A journalist, Benazeer Heena, had challenged the practice of Talaq-e-Hasan before the Supreme Court after receiving three divorce notices from her husband in 2022, alleging the procedure is arbitrary and seeking uniform grounds of divorce for all citizens.
The Supreme Court today sought opinions from the NCW, NHRC, and NCPCR while hearing petitions challenging the practice of Talaq-e-Hasan.
A Bench of Justice Surya Kant and Justice Joymalya Bagchi heard the matter.
Advocate Ashwini Kumar Upadhyay submitted that most of the arguments had already been addressed in the triple talaq case. The Bench, however, remarked, “We’ll hear the matter individually.”
Passing its order, the Court said, “We allow all the IAs seeking intervention. They may not file counter affidavits but assist us during final hearing. If there is any material including some books or scriptures, that may be produced. An opinion of the NCW, NHRC, and NCPCR should be on record for proper assistance. We request Shri K.M. Nataraj, ASG, to seek instructions and ensure that their opinions are brought on record."
When one of the Respondents pointed out that in Shayara Bano, the majority had found Talaq-e-Biddat arbitrary but had not regulated Sharia, Justice Kant responded, “We should not be worried about technicalities at this stage. There are individuals who are affected and are before this Court. We will look into it.”
The Court listed the matter for final hearing on November 19, 2025.
Background
Benazeer, a journalist, approached the Supreme Court stating that her husband had issued the first notice of Talaq-e-Hasan through a lawyer’s notice. She also sought directions to the Centre to frame guidelines for neutral and uniform grounds of divorce and procedure for all citizens. In April 2022, an FIR was registered at Vijay Nagar Police Station, Ghaziabad against Benazeer Heena’s husband and relatives under Sections 498A, 332, 504, 506, 406 of the IPC and the Dowry Prohibition Act. She filed a petition seeking to declare 'Talaq-e-Hasan' and all other forms of "unilateral extra-judicial talaq" as void and unconstitutional, claiming they were arbitrary, irrational, and violated fundamental rights.
In Talaq-e-Hasan, talaq is pronounced once a month, over a period of three months. If cohabitation is not resumed during this period, divorce gets formalised after the third utterance in the third month. However, if cohabitation resumes after the first or second utterance of talaq, the parties are assumed to have reconciled. The first/second utterances of talaq are deemed invalid.
On May 25, 2022, Senior Advocate Pinky Anand mentioned the petition before a Bench of Justice D.Y. Chandrachud and Justice Bela Trivedi, stating that Benazeer had already received the second talaq notice. The Bench found no urgency in the matter but allowed it to be mentioned again the next week.
On August 16, 2022, a Bench of Justice S.K. Kaul and Justice M.M. Sundresh granted time to Pinky Anand to seek instructions from Benazeer on whether she would consider divorce by mutual consent if meher is taken care of, observing, “Prima facie this is not improper. Women also have an option of Khula. Prima facie I do not agree with the petitioners. I don't want to make an agenda of it for any other reason.”
Cause Title: Benazeer Heena v. Union of India & Ors.
