New Delhi. The Supreme Court, while hearing a PIL today, expressed displeasure and expressed concern over the practice of ‘talaq-e-hasan’ prevalent in the Muslim society. Justice Surya Kant, Justice Ujjwal Bhuyan and Justice N. Kotishwar Singh’s bench asked whether this practice which hurts the dignity of women should be allowed to continue in the modern civilized society? The court said that after triple talaq, cancellation of talaq-e-hasan can now be considered. The court has sought suggestions from the parties on the possibility of judicial intervention in this matter.
Talaq-e-Hassan is a form of divorce in Islamic law, in which the husband pronounces talaq to the wife once every month over a period of three months. The court expressed concern over the practice of sending divorce notices to wives by husbands’ lawyers. The court said that due to this, the husbands later refuse to divorce and when the wives remarry, they accuse them of polyandry. According to Live Law, the Supreme Court, while hearing the petition challenging Talaq-e-Hassan, told the petitioner that once you give us a brief note, we will consider the desirability of referring the case to a five-judge bench.
The Supreme Court on Wednesday flagged certain issues in the practice of ‘Talaq-e-Hasan’, a form of divorce in Islamic law, and raised concerns over the practice of husbands’ lawyers sending Talaq notices to wives. This enabled the husbands to later deny issuing Talaq and accuse… pic.twitter.com/bPYk0o4a72
— Live Law (@LiveLawIndia) November 19, 2025
This PIL has been filed by journalist Benazir Heena in which she has demanded a complete ban on Talaq-e-Hassan, terming it as a violation of Articles 14, 15, 21 and 25. The petitioner says that her husband had allegedly divorced her by sending a notice of talaq-e-hasan through a lawyer. The woman said that her husband has remarried, but due to lack of formal divorce, the papers are not being prepared and due to this she is facing many problems.
