Talaq-e-Hasan vs Supreme Court: What's the Verdict?
constitutional judiciary beginner mcq_debateI'm studying for Judicial Services with my friend, Rohan, and we're going at each other's throats over this MCQ. It says: "Which of the following is the correct interpretation of the Supreme Court in Talaq-e-Hasan case?"
A) Talaq-e-Hasan is valid and does not constitute cruelty. B) Talaq-e-Hasan is not valid and constitutes cruelty. C) Talaq-e-Hasan is valid but only when the husband has not been living with his wife. D) Talaq-e-Hasan is a valid form of talaq, but subject to Section 13 (1)(i) of the Hindu Marriage Act.
Rohan says A) and quotes the judgment saying it's a valid form of divorce.
2 Comments
Bhai log! I think there's a need for clarification here. Talaq-e-Hasan case was a landmark judgment where the court held that even a triple talaq (talaq-e-biddat) in Hasan's case (though it was in the form of talaq-e-Hasan) was not repugnant to our Constitution. But this is different from the triple talaq SC judgment (Shayara Bano) where it was held that triple talaq is unconstitutional. So, don't confuse these two separate judgments, people!
"Mujhe lagta hai ki Supreme Court ki sabse achhi baat yeh hai ki Unhone Talaq-e-Hasan ko valid nahin maana aur yeh kaha ki isse mahila ki aazaadi ka khilaf hai. Lekin kuch logon ke paas aapke khayal hai, ki yeh Constitution ke Article 25-28 ke anusaar hai, isliye unhone iske khilaaf koi faisla nahin kiya.