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The Supreme Court volition perceive a plea challenging the validity of Talaq-e-Hasan, a signifier of divorcement among Muslims successful India, connected Wednesday (January 21, 2026). On November 19, 2025, the apical tribunal said it whitethorn see referring the situation to the validity of Talaq-e-Hasan to a larger five-Judge Constitution Bench portion deprecating the signifier of sending notices connected the husband’s behalf.
Asking the parties to taxable notes with respect to types of Talaq which tin beryllium granted nether Islamic practices, the Bench said it is not the question of striking down a prevalent spiritual signifier but an contented which needs to beryllium regulated arsenic per the law ethos.
The apical tribunal was proceeding 9 petitions, including the 1 filed by Ghaziabad nonmigratory Benazeer Heena, claiming to beryllium aggrieved by the practice.
In 2017, the apical tribunal declared instant Triple Talaq, besides a signifier of divorce prevalent among the Muslim community, arsenic unconstitutional aft uncovering it to beryllium arbitrary and violative of the cardinal rights of Muslim women.
What is Talaq-e-Hasan?
Talaq-e-Hasan is simply a signifier of divorcement among Muslims done which a antheral tin dissolve the matrimony by pronouncing the connection talaq erstwhile each period implicit a play of 3 months.
Under Talaq-e-Hasan, a divorcement gets formalised aft the 3rd utterance of the connection talaq successful the 3rd period if cohabitation has not resumed during this period. However, if cohabitation resumes aft the archetypal oregon 2nd utterance of talaq, the parties are assumed to person reconciled.
Benazeer Heena vs Union of India and Others
The petition filed by Benazeer Heena, a Ghaziabad-based woman, done Advocate-on-Record Ashwani Kumar Dubey, seeks to marque the prescribed Islamic mode of divorcement Talaq-e-Hasan unconstitutional arsenic it is violative of Articles 14, 15, 21 and 25 of the Constitution.
On November 19, 2025, successful Benazeer Heena vs Union of India and Ors., a three-judge Bench of the Supreme Court comprising Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh, expressed beardown reservations astir Talaq-e-Hasan.
In Heena’s case, the hubby had communicated the Talaq-e-Hasan done his advocator without signing the papers himself. The Court was visibly disturbed by the information that advocates were granting divorces and remarked: “Tomorrow, what volition hap if a lawsuit disowns the advocate?... Should a civilized nine let this benignant of practice?”
How is Talaq-e-Hasan antithetic from instant triple talaq?
In instant triple talaq (Talaq-e-Biddat), which is amerciable successful India, a antheral pronounces talaq 3 times successful 1 go. It has nary scope for reconciliation betwixt the feuding mates and often ends a matrimony instantly. It is, arsenic the judges held, not mentioned anyplace successful the Quran, which prescribes a codification of divorcement mostly done Surah Baqarah, verses 226 to 237, and the opening six verses of Surah Talaq. Incidentally, instant triple talaq successful this mode has been banned successful galore Muslim countries, including Egypt, Syria, Jordan, Kuwait, Iraq, and Malaysia.
Unlike instant triple talaq, Talaq-e-Hasan is pronounced with a spread of astatine slightest 1 period oregon 1 menstrual cycle. Only a azygous revocable divorcement takes spot done the archetypal pronouncement of Talaq-e-Hasan. The hubby and woman are expected to unrecorded unneurotic aft this pronouncement and person the enactment of rapprochement. If the mates is not capable to mend fences successful the intervening play and the hubby does not annul divorcement done connection oregon by establishing intimacy, the talaq stays valid. At the extremity of this month, the hubby has to pronounce divorcement for the 2nd time. Likewise for the 3rd time. After the 2nd pronouncement too, the divorcement is revocable, and the mates whitethorn resume their conjugal narration anytime they truthful desire. If, however, the 3rd pronouncement is made aft astatine slightest 1 menstrual cycle, past irrevocable divorcement takes place. Significantly, nary divorcement tin beryllium administered erstwhile the pistillate is undergoing her menstrual cycle. Even successful the lawsuit of pregnancy, nary divorcement takes place. And if specified a pronouncement is made, it remains successful abeyance till the extremity of pregnancy.
