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The SC has neither declared the practice of talaq-e-hasan unconstitutional nor upheld it conclusively, but it is actively hearing a number of petitions questioning its validity.
Muslim women have challenged Talaq-e-Hassan on the grounds that it is one-sided, discriminatory and a violation of fundamental rights. (AI image)
some challenging matters talaq-e-hasanA traditional Islamic method of divorce in which the husband says “Divorce“exceeding a period of three months, are presently pending before the Supreme CourtAnd its constitutional status remains uncertain. The court has neither declared the practice unconstitutional nor conclusively upheld it, but it is actively hearing several petitions questioning its legality. During a hearing in November 2025, Chief Justice Surya Kant remarked, “Should a civilized society allow such a practice?” This method has often been described as one-sided in court Divorce A process that puts women at a disadvantage.
The court has indicated that this matter can be sent to a constitution bench of five judges. Hearings are ongoing and in some cases the court has suggested mediation between the parties. Here’s a closer look at this form of divorce, the Supreme Court’s stance on it, and what might happen next.
Q. What is Talaq-e-Hassan and is it different from ‘Triple Talaq’?
Talaq-e-Hassan is a traditional Islamic method of divorce recognized under Muslim personal law, predominantly practiced among Sunni Muslims. It is a form of unilateral divorce in which the husband can end the marriage by uttering the word “talaq” three times over a period of three months. opposite of immediate triple talaqIt is not immediate. There should be a gap of at least one month between each announcement, to allow time for reconciliation. The practice is believed to be derived from verses of the Quran, including Surah al-Baqarah (226-237) and the opening verses of Surah at-Talaq, which outline the step-by-step process of divorce.
Talaq-e-Hassan should not be confused with “Ahsan Talaq”. In Ahsan Talaq, the husband pronounces the divorce once, and reconciliation remains possible during the Iddat (waiting period). In contrast, Talaq-e-Hassan involves a longer process, which differentiates it from Talaq-e-Biddat (Triple Talaq).
Q. How does the Supreme Court view or interpret this form of divorce?
The Supreme Court has acknowledged that Talaq-e-Hassan is different from triple talaq, but has expressed concern over its unilateral nature. Currently, it is considered constitutionally valid, although its legality is being challenged.
In 2022, the court said that Talaq-e-Hassan is not the same as triple talaq as it involves declarations at monthly intervals, providing an opportunity for reconciliation. However, in recent hearings, the court has questioned whether such a practice is compatible with a civilized society and has granted interim relief in some cases in which there were allegations of fraud or the husband had failed to appear. The court has also indicated that the issue may be referred to a five-judge Constitution bench.
Q. What is its current constitutional status?
Talaq-e-Hassan is recognized as valid under Muslim Personal Law (Shariat Application Act, 1937), protected under Article 25 of the Constitution that guarantees freedom of religion. However, the petitioners have argued that it violates Articles 14 (equality), 15 (prohibition of discrimination), and 21 (right to life and dignity), as it is a male-dominated process. The Supreme Court has not yet declared it unconstitutional and the case is currently being heard by a bench headed by Chief Justice Surya Kant.
Q. What is the difference between Talaq-e-Hassan and Talaq-e-Biddat (Triple Talaq)?
Talaq-e-Hassan and Talaq-e-Biddat are two different forms of divorce under Islamic law, which differ mainly in duration, scope of reconciliation and legal remedies. Talaq-e-Hassan occurs in three monthly cycles, approximately 90 days. The husband says “divorce” once every month, and the couple continues to live together during each phase. Reconciliation often occurs during this period, and the procedure can be reversed.
If the declaration is made thrice in three months, the divorce becomes final after the third declaration. Talaq-e-Biddat, on the other hand, was a controversial practice in which “talaq, talaq, talaq” was uttered at once, without giving any chance for reconciliation, resulting in instant divorce.
Q. Why did Muslim women file petition against Talaq-e-Hassan?
Muslim women have challenged Talaq-e-Hassan on the grounds that it is one-sided, discriminatory and a violation of fundamental rights. The petitioners argue that only husbands are given the right to end the marriage within three menstrual cycles, while women do not enjoy the same right. They claim that this is a violation of Articles 14, 15 and 21 of the Constitution.
In several cases, petitioners have alleged that husbands abused the process, sometimes sending divorce notices and forcing women out of their homes following dowry disputes or domestic violence. Activists and litigants have described the practice as unjust and harmful to women’s dignity and access to justice. After the ban on instant triple talaq, the demand for review on Talaq-e-Hassan has also intensified.
Q. What are the conditions for Talaq-e-Hassan and why has the court raised objection in recent cases?
The process of Talaq-e-Hassan cannot be initiated during a woman’s menstruation. If the wife is pregnant, the announcement is postponed until the end of the pregnancy. While divorce is regulated in the Quran, talaq-e-hasan is not explicitly named and is generally understood to have developed through hadith and fiqh (Islamic jurisprudence). It is recognized in Sunni practice, while Shia traditions have various forms such as khula.
In recent cases, the court has objected to the way the process was used, particularly where divorces were issued through notices, messages or without proper conciliation efforts.
Q. How is reconciliation done during Talaq-e-Hassan?
Reconciliation during Talaq-e-Hassan occurs in stages, with opportunities for reunion after each declaration. After each monthly declaration, during the Tuhar period, the husband and wife are expected to live under the same roof. Family members, elders or mediators may intervene to facilitate dialogue and resolution.
If the couple starts living together again or the husband withdraws the divorce in front of two witnesses, the process is cancelled.
- First divorce – Reconciliation is possible until the next menstruation.
- Second Divorce – Another opportunity to reunite during the waiting period.
- Third Divorce – The final stage before the divorce becomes permanent.
Although conciliation is considered an essential part of the process, in practice, it is often limited to formal notice or separation.
Q. Have many petitions been filed in the Supreme Court challenging the validity of Talaq-e-Hassan?
Several petitions have been filed in the Supreme Court challenging the validity of Talaq-e-Hassan. One of the prominent cases is Benazir Heena v. Union of India (2022), in which a Ghaziabad-based journalist challenged the Shariat Act, 1937 and the Dissolution of Muslim Marriage Act, 1939. She alleged that her husband divorced her through a WhatsApp message and argued that the practice was unconstitutional.
Other petitions include that of a housewife who alleged that her husband took her signature on a blank paper and used it to claim divorce. In November 2025, the Supreme Court questioned this practice and asked whether such a practice should exist in a civilized society, and indicated the possibility of referring the case to a Constitution bench. The court also expressed concern over divorce notices being sent through lawyers without proper procedure.
On February 11, 2026, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard the petitions focusing exclusively on Benazir Heena’s case. The court sent the couple to mediation and appointed former judge Justice Kurian Joseph as the arbitrator. All previous pronouncements of divorce by the husband were stayed pending arbitration. In another case involving an illiterate wife, the court stayed the talaq-e-hasan issued by the husband after he failed to appear and answer the allegations. The court said that until divorce is legally established, the couple will be considered married.
February 12, 2026, 18:42 IST
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