The concept of Talaq-e-Hasan is back in the news with the Supreme Court having recently heard the plea challenging its validity. Unlike triple talaq, which was declared unconstitutional in 2017, Talaq-e-Hasan involves a staggered process spread over months.
However, recent petitions have questioned whether the practice, as followed today, truly protects women’s rights or merely allows unilateral divorce through procedural loopholes.
Sharp remarks from the Supreme Court have brought the issue into national focus, triggering wider discussions on religious freedom, constitutional morality, and the limits of personal law in a modern democracy.
What Is Talaq-e-Hasan?
The concept of Talaq-e-Hasan has often been brought up in the news over the years. However, it gained mainstream attention last year when, on November 19, 2025, the Supreme Court condemned the practice and agreed to hear a plea challenging its validity.
The bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh oversaw a 2022 Public Interest Litigation (PIL) by journalist Benazeer Heena, who was challenging the constitutional validity of Talaq-e-Hasan.
She claimed that the practice was “irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution” as per Bar and Bench. As per reports, the petitioner’s husband had divorced her through this practice, once she and her family refused to pay dowry.
She raised allegations that her in-laws harassed, mistreated and even beat her. She further claimed that she had filed a First Information Report (FIR) with the Delhi Commission for Women; however, the police said that this was permissible under Sharia law.
Talaq-e-Hasan is a form of divorce recognised under Sharia law. Under this practice, according to a PTI report, “a man can dissolve the marriage by pronouncing the word ‘talaq’ once every month over a three-month period.”
Read More: ResearchED: Is Allahabad High Court The New Madras High Court, Thanks To Its Outdated Judgements?
After the third pronouncement, the divorce becomes final and irrevocable. As per reports, the practice is meant to encourage reconciliation, as the divorce is only finalised after the third utterance if the couple doesn’t start cohabitating again.
The waiting periods between pronouncements are intended to give the couple time to reconsider, seek mediation, or resume cohabitation. If the husband resumes marital relations during this period, the talaq is deemed revoked.
However, critics argue that despite its good intentions, Talaq-e-Hasan still places all the power in the hands of the husband. The wife’s consent is not required, and there is no mandatory involvement of a court or neutral authority.
The Court questioned the practice, adding that they might even set up a 5 judge bench that might strike it down completely.
The Court said, “Once you give us a brief note, we will consider the desirability of referring to a 5 judge bench. Give us broadly the questions that may arise. Then we will see how those are predominantly legal in nature that the court must resolve.”
Justice Kant commented that “Society at large is involved. Some remedial measures have to be taken. If there are gross discriminatory practices, then the court has to interfere.”
The further asked, “What kind of thing is this? How are you promoting this in 2025? Whatever the best religious practice we follow, is this what you allow? Is this how the dignity of a woman be upheld? Should a civilised society allow this kind of practice?”
Image Credits: Google Images
Sources: The Hindu, Hindustan Times, The Indian Express
Find the blogger: @chirali_08
This post is tagged under: Talaq-e-Hasan, Talaq-e-Hasan sc, sc, talaq, triple talaq, supreme court, supreme court india, supreme court india Talaq-e-Hasan, Talaq-e-Hasan meaning, Talaq-e-Hasan validity
Disclaimer: We do not own any rights or copyrights to the images used; these images have been sourced from Google. If you require credits or wish to request removal, please contact us via email.
Other Recommendations:
Which Judges Gave The Draconian Judgement For Sengar’s Release And Aravalli’s Destruction?
