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The Supreme Court has agreed to hear a batch of pleas challenging certain forms of talaq prevalent among Muslims, which are allegedly discriminatory towards wives.
After having heard arguments from two petitioners, a bench led by Justice Surya Kant listed the matter to be heard on November 26, Wednesday.
As reprted by PTI, The Court was hearing arguments in the case of journalist Heena Benazir, who is one among a batch of petitioners. Benazir has alleged that her husband attempted to divorce her through a talaqnama sent by his lawyer, without pronouncing talaq himself.
She argued that this method violates both Islamic practice and her rights.
Her counsel submitted that the 11-page talaqnama lacked the husband’s signature and that the talaq was allegedly granted by someone other than the husband.
She further stated that such a practice exposed her to the risk of being considered married to two men simultaneously if she were to remarry.
“Her life is at stake,” the lawyer told the court, arguing that an invalid talaq could force her into a situation ‘akin to polyandry’.
The court was informed that Benazir’s husband had already ‘moved on’, remarried another woman and even had a child from the second marriage.
Senior Advocate MR Shamshad, appearing for the respondent-husband, argued that such delegation of talaq is a prevalent practice in Islam.
The Bench, however, expressed strong reservations about the same.
