Petition ask Supreme Court to declare talaq-e-Hasan and other forms of unilateral extra-judicial "talaq" as evil plague

Petition ask Supreme Court to declare talaq-e-Hasan and other forms of unilateral extra-judicial "talaq" as evil plague

The petition sought to issue directions in a retrospective manner to all the respondents regarding the economic and social security for divorced women and their children.

ANIUpdated: Wednesday, October 19, 2022, 04:37 PM IST
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Supreme Court of India | PTI

New Delhi: All India Muslim Women Personal Law Board (AIMWPLB) and Nyayabodh Foundation on Wednesday moved the Supreme Court seeking to issue a direction to respondents that divorce given to Muslim women without following the due procedure be declared as null and void retrospectively.

The petitioner has been moved through the president of All India Muslim Women Personal Law Board Shaista Amber and the president of Nyayabodh Foundation, advocate Ritu Dubey. The petitioner has raised grievances of various women victims of unilateral extra-judicial talaq.

The petition has sought to declare talaq-e-Hasan and "other forms of unilateral extra-judicial talaq as an evil plague".

The petition sought to issue the direction to respondents that divorce given to Muslim women without following the due procedure of arbitration and conciliation in the presence of a witness be declared as null and void retrospectively.

Guidelines on economic and social security for divorced women and their children needed

The petition sought to issue directions or guidelines in a retrospective manner to all the respondents regarding the economic and social security for divorced women and their children as children are deprived of their basic fundamental rights (food, health, education, shelter, live the life with dignity) due to such arbitrary forms of Talaq.

The petition also sought to issue direction to all respondents/lawmakers to take appropriate steps to remove the prevailing anomalies of taking divorce by Talaq-e-Hassan and /or other unilateral forms of Talaq and make a rule that one proper process/forms to be followed for taking divorce in the light of Quranic principles /guidelines which says that maintenance of wife and children is the prime responsibility of a man/husband which can not be denied and the wife and children cannot be abandoned.

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