New Delhi: The Supreme Court on Monday issued notice to concerned respondents on a plea filed by Team India fast bowler Mohammad Shami’s estranged wife seeking the framing of guidelines for “gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all.”
A bench, headed by Chief Justice of India DY Chandrachud, tagged the petition with other similar pleas raising common issues, reported ANI.
Petitioner Hasin Jahan has stated that she received a notice of first pronouncement of divorce under Talaq-Ul-Hasan dated July 23, 2022, issued by her husband Mohammad Shami.
The petition, filed by advocate Deepak Prakash, also states that she is aggrieved by the unilateral form of extra-judicial Talaq — Talaq-Ul-Hasan. On receiving such a notice, the petitioner contacted her near and dear ones, who also put forth similar grievances, whereby their husbands had unilaterally divorced them at their own whims and fancies.
Hence, the petitioner has approached the top court seeking adjudication of larger issues related to Talaq-E-Hasan – also known as Talaq-Ul-Hasan — and all other forms of unilateral extra-judicial talaq which are still prevalent and in force under Muslim Personal Laws (Shariat), by way of the Muslim Personal Law (Shariat) Application Act, 1937.
Hasin pointed out in her petition that she is an aggrieved wife, subjected to the abuse of the draconian practices being followed under the Muslim Personal Laws (Shariat), wherein, except Talaq-e Biddat, there exist numerous other forms of unilateral divorce, known as talaq, which provide unfettered powers to a Muslim man to divorce a Muslim woman, in a whimsical and capricious manner, without affording any right of reconciliation or being heard in any manner, to the Muslim women, being discriminatory on the basis of sex and gender, thereby violating the basic Fundamental Rights of the women, guaranteed under Article 14,15 and 21 in the Constitution of India, 1950.
Such forms of talaq are being grossly abused by Muslim men, as the Muslim man has unilateral extra-judicial form of power to make three pronouncements of talaq, spread over a period of three consecutive months, completing which, the marriage shall stand dissolved without hearing the Muslim women, the plea said.
Therefore, the petitioner has sought for framing of guidelines for “gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all.”
The petitioner also sought to declare the practice of Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq as void and unconstitutional for being arbitrary, irrational and violative of Articles 14, 15, 21, 25.
Further, Hasin’s petition also sought to declare the Dissolution of Muslim Marriages Act, 1939 as void and unconstitutional for being violative of Articles 14, 15, 21, 25 in so far as it fails to secure for Muslim women the protection from Talaq-E-Hasan and other forms of unilateral extra-judicial talaq.
Two weeks ago, Shami’s wife moved the Supreme Court against Calcutta High Court’s order which had dismissed her plea seeking to lift a stay on the arrest warrant against the cricketer issued by a local court.
