The Supreme Court on Tuesday orally observed that the practice of Talaq-e-Hasan among Muslims for divorce is prima facie not improper, and added that it does not want this to become an agenda for any other reason.
"Prima facie this (Talaq-e-Hasan) is not so improper. Women also have an option... Khula is there," observed the bench headed by Justice Sanjay Kishan Kaul.
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.
During the hearing, the bench observed that women have a similar option by way of 'Khula' and courts also grant divorce by mutual consent in case of irretrievable marriage breakdown.
"This is not triple talaq...If two people cannot live together, we are also granting divorce by the irretrievable breakdown of marriage," said the bench.
The top court has scheduled the hearing on the matter on August 29 and asked the counsel to take instructions in the matter.
The apex court was hearing a plea seeking a direction to declare "Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq," unconstitutional for being arbitrary, irrational, and violative of Articles 14, 15, 21, and 25 of the Constitution.