28 JUNE 2022
Notice is issued by the Delhi High Court in a petition challenging the constitutionality of Talaq-E-Hasan
The Delhi High Court has given notice in response to a complaint that; the United Nations Convention on Human Rights and; the Indian Constitution are violated by; the practice of Talaq-e-Hasan. Last Monday, the Delhi High Court gave notice in a case challenging the Talaq-e-Hasan practice as being arbitrary and unconstitutional. The argument further asserts that; the activity in question is against the; guidelines set out in the United Nations Convention on Human Rights.
RaziyaNaaz went to the High Court to ask for a ruling that; the notice of Talaq-e-Hasan that; sent to her on June 2, 2022, was invalid because it was an extrajudicial, unilateral Talaq that; violated her constitutional rights under Articles 14, 15, and 21 as well as the provisions of the United Nations Conventions on Human Civil Rights.
In Muslim personal law, a man can divorce his wife by; orally pronouncing talaq once per month for three months. This practice is known as; talaq-e-Hasan. The Delhi Police and the spouse of Naaz have received notice from; Justice Dinesh Kumar Sharma’s vacation bench. Recently, a similar petition against Talaq-e-Hasan submitted to the Supreme Court.
After their marriage, Naaz said that; both at her family’s home and at; the marital home, her husband and his family members had been tormenting and harassing her physically and emotionally. This happened as a result of their; unwillingness to offer the husband’s family cash or other pricy presents. Additionally, Naaz had filed a complaint of domestic violence against the spouse and his family.
According to Naaz, in order to evade the Protection of Women from Domestic Violence Act of 2005 and other legal actions brought against him, he issued; a unilateral extrajudicial talaq known as Talaq-e-Hasan, which gravely violates; the fundamental rights of married Muslim women. Naaz has also argued in her case before the High Court that; the Talaq-e-Hasan practice violates Article 21 of the Constitution since it; discriminates between women and men, gravely violating their right to dignity.
Along with rejecting Talaq-e-Hasan, the petition asks for a directive that; any religious organizations, entities, and leaders who support such practices must not compel her to follow Sharia Law and embrace Talaq-e-Hasan. It requested that; the Delhi Police provide directives to ensure her security from any religious organizations, organizations, and leaders that support and promote such behaviors. The matter is now scheduled for August 18.
RaziyaNaaz v. ShahenshahAlam Khan and Others
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