Apex Court Issues Notice On PIL By Estranged Wife Of Mohammed Shami Challenging Unilateral Modes Of Extra-Judicial Talaq

The Supreme Court today issued a notice on the Public Interest Litigation filed by Hasin Jahan, the estranged wife of Indian Cricketer Mohammed Shami declaring the practice of Talaq-E-Hasan and all other forms of "unilateral extra-judicial" talaq as void and unconstitutional.

The Bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice J.B. Padiwala while issuing notice, tagged the matter with other similar matters pending before the Court. The Bench directed,"connect it to the Writ Petition 348 of 2022 and issue notice". The Court denied the request of the Petitioner to implead her cricketer husband in the matter at this stage. The Court asked the Counsel to move an application at the appropriate stage. 

In the Petition moved through Advocate-on-Record Deepak Prakash, Hasin Jahan states that she was subjected to the abuse of the draconian practices being followed under the Muslim Personal Laws (Shariat), wherein, except Talaq-e-biddat, there exist numerous other forms of unilateral Divorce, known as Talaq, which provide unfettered powers over the Muslim man to divorce Muslim women in a whimsical and capricious manner.

Jahan states that such forms of Talaq include one Talaq-E-Hassan also known as Talaq-Ul-Hassan, which is being grossly abused by Muslim men, as by way of this form of Talaq, the Muslim man has the unilateral extra-judicial form of power to make three pronouncements of talaq, spread over a period of 3 consecutive months, completing which, the marriage shall stand dissolved, without hearing the Muslim women. 

"Petitioner is aggrieved by the above-stated unilateral form of extrajudicial Talaq, i.e. Talaq-Ul-Hasan, and has received a Notice of 1st Pronouncement of Divorce Under Talaq-Ul-Hasan dated 23.07.2022 issued by Mr. Mohammad Shami, husband of the Petitioner" reads the Plea. It has further been added that "issues involved herein, require adjudication of larger issues related to Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq which are still prevalent and in force under the Muslim Personal Laws (Shariat), by way of The Muslim Personal Law (Shariat) Application Act, 1937", the plea says.

Hasin Jahan has also stated in her petition that the Supreme Court needs to maintain uniformity and safeguard the fundamental rights of all such women who are tormented by the biased, unreasonable, unilateral forms of Divorce, being enjoyed by Muslim men, under the Muslim Personal Laws (Shariat) and that above-stated practices are on the basis of Gender and thus, violative of Article 14,15 and 21 of the Constitution of India.

The Court has tagged the present matter along with the batch of petitions in Writ Petition (Civil) No. 348 of 2022, titled as “Benazeer Heena Versus Union of India & Ors".

Hasin Jahan in her petition seeks the following reliefs: To frame guidelines for Gender Neutral Religion Neutral Uniform Grounds of Divorce & Uniform Procedure of Divorce for all; to declare the practice of Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq as void and unconstitutional, to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 as void and unconstitutional as it validates the practice of Talaq-E-Hasan and other forms of unilateral extra-judicial talaq; to declare the Dissolution of Muslim Marriages Act, 1939, as void and unconstitutional as it fails to secure for Muslim women the protection from Talaq-E-Hasan and other forms of unilateral extra-judicial talaq and other such reliefs.

Cause Title: Hasin Jahan v. Union Of India & Ors [ W.P.(C) No. 000519 - / 2023]