The Supreme Court on Monday agreed to hear a plea seeking the court to declare Talaq-e-Kinaya, Talaq-eBain, and all other forms of unilateral and extrajudicial procedures of divorce among Muslims as void and unconstitutional and sought response from the Centre.
A bench of Justices S A Nazeer and JB Pardiwala issued notices to the ministry of law and justice and ministry of minority affairs seeking their replies and tagged the case with petitions against Talaq-eHasan and Talaq-e-Ahsan matters.
The bench passed the order on a petition filed by Karnataka-based Syeda Ambreen asserting the practices were arbitrary, irrational, and contrary to fundamental rights to equality, non-discrimination, life, and freedom to practice religion.
The petition contended Talaq-e-Kinaya, Talaq-e-Bain, and other forms of unilateral and extrajudicial talaqs are an "evil plague similar to sati" that continue to trouble Muslim women and pose extremely serious health, social, economic, moral, and emotional risks.
"It is submitted that religious officers and priests like imams, maulvis, kazis, etc. who propagate, support and authorise the Talaq-e-Kinaya and Talaq-e-Bain and other forms of unilateral extrajudicial talaq are grossly misusing their position, influence, and power to subject Muslim women to such gross practice which treats them as chattel, thereby violating their fundamental rights," the plea said.
The petitioner said in January 2022, a pre-filled letter from the kazi's office was received in which vague allegations were made. It was stated on her husband's behalf that due to these conditions, it is not possible to continue this relationship and she is relieved of the matrimonial relationship.
"These words are called&nbsp;'kinaya' words (ambiguous words or unclear form - for example, 'I free you', 'you are free now', 'you/this relation is haram on me', 'you are separated from me now', etc) through which Talaq-e-Kinaya/Talaqe-Bain (instantaneous and irrevocable and extrajudicial form of talaq, in single sitting, either pronounced or in written/electronic form) is given," the plea said.

SC agrees to hear plea on 'unilateral' talaq

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