The Supreme Court on Wednesday raised serious concerns over the practice of talaq‑e‑hasan in which Muslim men serve divorce notices to their wives through lawyers. The court clarified that if the divorce notice (talaqnama) does not bear the husband’s signature, it cannot be considered a legally valid divorce document.
The case was filed by TV journalist Benazir Heena, who informed the court that her husband, himself a lawyer, had sent her a divorce notice through another lawyer and subsequently married again. Senior advocate Rizwan Ahmed highlighted that unsigned divorce notices could cause severe problems for women regarding their future marriages and marital security.
A three-judge bench — comprising Justices Surya Kant, U. Bhuyan, and N.K. Singh — strongly objected to this practice. The court asked, “How can a third party serve a divorce notice on behalf of the husband? The husband’s signature on the talaqnama is mandatory.” The bench noted that such practices could undermine the dignity of women and should not be encouraged.
The court directed the husband to follow the full Shariah procedure and grant a valid divorce to the woman. The bench also assured steps to protect the woman’s safety, as well as the welfare and education of her children.
The Supreme Court emphasized that talaq‑e‑hasan is not limited to highly educated women. Its misuse can have serious repercussions for rural and illiterate women. The case has been scheduled for a detailed hearing on the validity of talaq‑e‑hasan and may be considered by a five-judge Constitution bench.
In the next hearing, the husband has been instructed to appear in court. The bench has also sought opinions from the National Commission for Women and the Human Rights Commission.
