Constitutionality of Talaq-e-Hasan | Supreme Court refers parties to mediation
Constitutionality of Talaq-e-HasanJudges: Surya Kant CJI, Joymalya Bagchi J
Today, the Supreme Court heard a batch of petitions challenging Talaq-e-Hasan. Talaq-e-Hasan is an extra-judicial form of divorce under Sharia Law that permits a man to divorce his wife by pronouncing the word “talaq” once a month for three consecutive months.
Benazeer Heena, a Ghaziabad-based journalist, had moved the Supreme Court in 2022 challenging the constitutionality of Talaq-e-Hasan. She challenged Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 and the Dissolution of Muslim Marriages Act, 1939, as being violative of Articles 14, 15, 21 and 25 of the Constitution.
A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi focused on the matrimonial dispute between Heena and her husband and suggested mediation.
Appearing for Heena, Advocate Dr Rizwan Ahmed informed the Court that her husband had given her talaq through WhatsApp. “How can talaq be delivered on WhatsApp?” he asked, adding that “immunity of personal law cannot go unchecked.” He pressed for an interim order revoking the talaq.
Senior Advocate M.R. Shamshad, for Heena’s husband, submitted that he had adopted all prescribed procedures and that all notices had been addressed to the correct address. Ahmed refuted this.
The Chief asked what prevented the husband from filing an application to effect proper service if the postal address was incorrect. He further observed, “Take the case of a wife evading service of talaq notice…what prevents you from publication in the newspaper? That would also be notice.”
CJI observed, “We respect all religions. Least interference should be there… unless we find protection of internal values is hitting human rights, constitutional rights.” Describing the matter as “emotional litigation,” he urged the parties to “keep humanity, human values in mind.”
Notably, in November 2025, CJI Surya Kant, questioning the custom of talaq-e-hasan, had remarked, “Should a civilised society allow this kind of practice?”
The Bench referred Heena and her husband to mediation for exploring an amicable solution and a “valid dissolution” of marriage and appointed Justice Kurian Joseph, former judge of the Court, as the mediator.
The Court further directed that the earlier talaqs given by Heena’s husband shall remain in abeyance during mediation. The Bench issued notice in another petition challenging Talaq-e-Ahsan.
The constitutional questions will be considered separately. The matter is now listed after four weeks.
Disclaimer: Senior Advocate Jayna Kothari is representing the petitioner in the other case in which the Bench issued notice. Kothari is a Managing Trustee of the Legal Observer Trust, the entity under which SCO operates. Trustees are not involved in shaping day-to-day editorial policy.