Supreme Court to Hear Plea Challenging Talaq-e-Hasan Divorce in India
January 21, 2026
The Supreme Court of India will hear a petition on January 21, 2026, that challenges the validity of Talaq-e-Hasan, a form of Muslim divorce. This comes after the Court showed its concern about current practices, including notices sent on behalf of husbands. The Court is reviewing whether the divorce method fits India’s constitutional values. The case is part of nine petitions, including one by Benazeer Heena, who argues that Talaq-e-Hasan violates Articles 14, 15, 21, and 25 of the Constitution.
Talaq-e-Hasan allows a husband to divorce by saying 'talaq' once every month over three months. Divorce is finalized after the third pronouncement if the couple does not live together during that time. If they reunite after the first or second pronouncement, the divorce is canceled.
This is different from instant triple talaq, banned since 2017, where the husband says 'talaq' three times at once, ending the marriage immediately without chance for reconciliation. The Supreme Court had called instant triple talaq arbitrary and unconstitutional.
In the current case, the Court was troubled that legal advocates sometimes issue divorce notices for husbands, raising doubts about the validity of such divorces. The Court said, “Tomorrow, what will happen if a client disowns the advocate?... Should a civilized society allow this kind of practice?”
Talaq-e-Hasan also forbids divorce during a woman's menstrual cycle or pregnancy. The divorce in these situations is delayed until after.
The Supreme Court may refer the case to a larger five-judge Constitution Bench to decide the outcome. The issue is not about ending religious practices but regulating them to align with India's Constitution.
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Tags:
Supreme court
Talaq-E-Hasan
Muslim Divorce
Benazeer Heena
Triple Talaq
Constitution bench
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