New Delhi: Supreme Court of India has issued notice on a petition seeking to declare ‘Talaq-e-Kinaya’ and ‘Talaq-e-Bain’ as unconstitutional.
Challenging the legality of both divorce system and all forms of unilateral extra-judicial divorce has been filed by a lady doctor Syeda Amrin.
In the petition, Amrin has sought a direction to the court to declare “all forms of unilateral Talaq (Divorce) including Talaq-e-Kinaya and Talaq-e-Bain” void and unconstitutional. A bench of Justice S Abdul S Nazeer issued notice to the Center and tagged it with a similar petition.
Bench issued notice to the Center
During the hearing, Justice Nazeer said, It is very unfortunate. I was shocked to read about it. Whereas Justice JB Pardiwala asked from where it was getting such terminology.
Advocate Ashwini Upadhyay, appearing for the petitioner, told the bench that such divorce is not practiced in other countries as well.
Public Interest Litigation (PIL) has sought a direction to the Center to frame guidelines for gender neutral, religion neutral, equal grounds of divorce and uniform process of divorce for all citizens.
Petition said that the religious authorities and Imam Maulvi Qazis etc., who propagate, support and authorize Talaq-e-Kinaya and Talaq-e-Bain.
They authorize other forms of unilateral extra-judicial divorce, are grossly disproportionate of their position, influence.
They are misusing and power to subject Muslim women to such atrocious treatment which treats them as property, thereby violating their fundamental rights enshrined in Articles 14, 15, 21, 25.
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