Supreme Court Urges Mediation in Talaq-e-Hasan Dispute
The Supreme Court has referred a Muslim woman's challenge of Talaq-e-Hasan to mediation, appointing Justice Kurian Joseph as mediator. The case highlights complexities in divorce practices among Muslims. The court seeks an amicable resolution to reconcile personal law with constitutional rights.
- Country:
- India
The Supreme Court has taken a significant step by referring a petition challenging the validity of Talaq-e-Hasan to mediation. The plea was filed by journalist Benazeer Heena, who contests her husband's use of this divorce practice.
Chief Justice Surya Kant and Justice Joymalya Bagchi appointed former apex court judge Justice Kurian Joseph as the mediator. Talaq-e-Hasan permits a man to dissolve a marriage by saying 'talaq' once a month over three months. The court highlighted the need for mutual respect and reconciliation beyond personal law constraints.
The apex court emphasized the urgency of this matter, directing both parties to undergo mediation to find an amicable resolution. The earlier talaqs will remain in abeyance during this process. This is a critical examination of how religious practices align with constitutional safeguards for Muslim women.
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