Talaq-e-Hasan victim files case in SC, calls it unconstitutional

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Talaq-e-Hasan victim files case in SC, calls it unconstitutional

New Delhi : Talaq-e-Hasan victim Benazir Hina demanded for an early hearing from the Supreme Court stating that her husband has sent a second notice for divorce.

Senior Advocate Pinky Anand, appearing for Hina, told the vacation bench headed by Justice Ajay Rastogi that the husband has sent a second notice of divorce while demanding the hearing. Justice Ajay Rastogi asked the petitioner to go to the registrar and on its refusal, the petitioner could put forth their point before the bench.

Petition demanded that Muslim girls should also get the same rights as other girls. In the petition filed through Senior Advocate Ashwini Upadhyay, Hena has stated that she was married to Yusuf Naki of Delhi in 2020 and has a seven month-old baby. In December 2021, her husband had thrown her out of the house after a domestic dispute. Since then she hasn't had any contact with him. Now suddenly a letter has been received by post through huband's lawyer, which states that he is giving the first utterance of divorce under Talaq-e-Hasan (Three-month divorce by uttering talaq each month).

Petition said that in the name of religious freedom, Muslim women cannot be deprived of fundamental rights like equality and dignity in the eyes of law. The petition has demanded that Talaq-e-Hasan and all other forms of talaq which are not legally enforceable should be declared unconstitutional. The petition has sought an order to repeal Section 2 of the Shariat Act. The petition has demanded complete repeal of the Resolution of Muslim Marriage Act.