Ever heard of Talaq-e-Kinaya or Talaq-e-Bain? Supreme Court stunned too; declares void

New Delhi: The Supreme Court on Monday issued a notice declaring all forms of unilateral extra-judicial Talaq including Talaq-e-Kinaya and Talaq-e- Bain" as void and unconstitutional on Monday.

The decision came when a bench of Justices S Abdul S Nazeer were hearing a Public Interest Litigation (PIL) filed by a doctor from Karnataka seeking the criminalisation of all forms of Talaq.

The petitioner, said in her PIL that she was married to her husband as per Muslim rites on October 22, 2020, and after the marriage, she was tortured physically-mentally by the husband and his parents for dowry.

After the demands were not met by her family, the husband, also a doctor, gave her Talaq-E-Kinaya/Talaq-E-Bain through a Qazi and lawyer, which is totally against Articles 14, 15, 21 and 25, the PIL stated.

In January 2022, a letter was sent from the Qazi office where her husband made some vague allegations against her and stated that due to all these conditions it is not possible to continue this matrimonial relationship.

Talaq-e-kinaya/Talaq-e-bain (an instantaneous and irrevocable and extra-judicial form of talaq, in a single sitting, either pronounced or in written/electronic form) was given to her by her husband, she claimed.

There was continuous pressure from in-laws and Qazi to take ‘Khula or further Talaq-e-Hasan’ notices would be sent monthly basis, and not a single mediation between husband and wife was attempted by Qazi and instant, irrevocable and unconstitutional Talaq practice was entertained bypassing Madhya Pradesh High Court by January 2022 guidelines stating “Qazi can just act as a mediator to settle disputes but can’t adjudicate them and pass orders like a decree”, stated the plea.

Talaq-E-Kinaya and Talaq-E-Bain are arbitrary irrational and not only contrary to Articles 14, 15, 21, and 25 of the Constitution of India but also totally against the international conventions on civil rights and human rights, it added.

Hence, the petitioner challenged the constitutional validity of Talaq-E-Kinaya and Talaq-E-Bain and also seeking direction to the Centre to frame “gender neutral religion neutral uniform grounds of divorce and uniform procedure of divorce for all citizens”.

The PIL also sought direction to the Centre to frame guidelines for “gender neutral religion neutral uniform grounds of divorce and uniform procedure of divorce for all citizens”.

During the hearing, Justice Nazeer said, “This is very unfortunate. I was shocked on reading about it.” Justice JB Pardiwala asked where are they getting such terminologies.

Advocate Ashwini Upadhyay appearing for the petitioner told the bench that such talaqs are new things and no other country practised this.

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