Shivani Thakur
Published on: June 27, 2022 at 15:45 IST
A woman received the third and final notice of Talaq under “Talaq-e-Hasan” from her husband after petitioning the Supreme Court for rules for standard and neutral grounds of divorce for all citizens.
Accordingly, the matter was presented before the Bench headed by Justice Ajay Rastogi on May 30. The Apex Court again declined the matter and told the petitioner to file an application before the Registrar.
The case was then mentioned before the Bench of Justice A.S. Bopanna and Justice Vikram Nath by Advocate Ashwini Kumar Upadhyay on June 16.
Benazeer requested that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 be declared invalid and illegal since it recognized the practice of “Talaq-E- Hasan” and other kinds of unilateral extra-judicial talaq.” This petition was submitted by attorney Ashwani Kumar Dubey. The Dissolution of Muslim Marriages Act, 1939, was also contested in the Petition.
Benazeer’s petition has been listed for July 11.
According to the Petitioner, the notice made a number of accusations against her. According to the report, Benazeer told her husband that her brothers were actively pushing “Love Jihad” by seducing Hindu females into marriage with the intention of converting them to Islam.
The notice further stated that a lump sum maintenance will be provided to her during the Iddat period.
The Petitioner said that she has refused to accept Talaq, calling it a unilateral and illegal divorce.