Supreme Court vacation bench declines early listing of PIL challenging divorce through Talaq-e-Hasan

The Supreme Court on Wednesday refused to grant early listing to a plea challenging the practice of Talaq-e-Hasan among Muslims [Benazeer Heena v. Union of India & Ors]. .Talaq-e-Hasan is the practice by which a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months.The petition filed by journalist Benazeer Heena, through advocate Ashwani Kumar Dubey, sought a declaration that the practice is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution..Senior Advocate Pinky Anand mentioned the plea before vacation bench of Justices DY Chandrachud and Bela Trivedi. She sought for early listing as the husband had sent a second notice on May 19.However the Bench was not inclined to grant early listing citing there is no urgency and the plea could be heard after summer vacation. However, Anand persisted stating that by the time vacation ends, there would a third notice of talaq would be served. "By that time everything will be over and third talaq will be given. It is about a women being abused. Everything will be over. The third talaq will be done" Anand argued. The Bench however did not relent. "There is no urgency in this. Let us have this after (summer) vacation. You wait for a period after first notice and then come here," Justice Chandrachud said. Having said so, the Bench asked Anand to mention the matter again next week before another vacation bench.The petitioner stated that her husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer on April 19 after her family refused to pay dowry, even as her in-laws were harassing her for the same..The PIL sought guidelines on a gender and religion neutral procedure and grounds for divorce.Terming the practice as "unilateral extra-judicial talaq", the plea stated that banning it is the need of the hour, as it is not harmonious with human rights and equality and is not necessary in the Islamic faith.The plea contended that the practice is misused and since only men can exercise the same, it is discriminatory as well.