Hasin Jahan (L) and Mohammad Shami (R)
Jahan has highlighted that she is “aggrieved by the unilateral form of extra-judicial Talaq, Talaq-Ul-Hasan” after she acquired a discover of divorce beneath Talaq-Ul-Hasan on July 23 final 12 months from Shammi, her husband.
Cricketer Mohammad Shami’s wife, Hasin Jahan has approached the Supreme Court, requesting it to border tips for a “gender and faith impartial” grounds and a uniform procedure for divorces in the country. The apex court on Monday issued a notice on her plea.
In a plea, filed by advocate Deepak Prakash, Jahan calls for “gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all”.
The plea additionally seeks to declare “unconstitutional” those sections in the Muslim Personal Law (Shariat) Application Act of 1937 that validate the “unilateral divorces.”
A bench headed by Justice DY Chandrachud mixed Jahan’s plea with comparable petitions elevating comparable issues, information company ANI mentioned.
Jahan has highlighted that she is “aggrieved by the unilateral type of extra-judicial Talaq, Talaq-Ul-Hasan” after she received a notice of divorce under Talaq-Ul-Hasan on July 23 last year from Shammi, her husband.
Jahan talks concerning the unilateral divorces finished on the whims of males, with out girls having any say in them.
Therefore, an “aggrieved wife” has approached the court docket for bigger points searching for elimination of “Talaq-E-Hasan and all different types of Unilateral Extra-Judicial Talaq,” the plea reads.
These form of divorces are applied under the Muslim Personal Laws, and are legally binding by the The Muslim Personal Law (Shariat) Application Act of 1937.
Jahan said that she is “subjected to the abuse of the draconian practices being followed under the Shariat wherein, “except Talaq-e Biddat, there exist numerous other forms of unilateral divorce (Talaq) which provide unfettered powers to the Muslim man to divorce their partner in a whimsical and capricious manner,” ANI mentioned.
This is finished, the petition provides, “with out affording any proper of reconciliation or being heard in any method” and is “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.”
What else does the petition seeks to vary in Muslim legal guidelines?
Apart from the gender-religion impartial tips, the petitioner has additionally sought to declare the observe of “Talaq-E-Hasan and all different types of unilateral extra-judicial talaq” void and unconstitutional for being arbitrary, irrational and violative of Articles 14, 15, 21, 25.”
Moreover, the petition sought to declares Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 as void and unconstitutional for being violative of Articles 14, 15, 21, 25 and for validating unliteral divorces.
And lastly, the petition additionally requested to declare the Dissolution of Muslim Marriages Act, 1939, void and unconstitutional for being violative of Articles 14, 15, 21, 25 in as far as it fails to safe for Muslim girls the safety from “Talaq-E-Hasan and different types of unilateral extra-judicial talaq”.
With company inputs
