Karnataka woman moves SC for declaring 'Talaq-e-Kinaya' and 'Talaq-e-Bain' as void

A woman doctor from Karnataka has approached the Supreme Court seeking a declaration that all forms of unilateral and extra-judicial Talaq including 'Talaq-e-Kinaya' and 'Talaq-e-Bain' as void and unconstitutional.

In a plea, Dr Syeda Ambreen contended the practices are arbitrary, irrational and contrary to fundamental rights to equality, non-discrimination, life and freedom to practice religion.

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

In a writ petition filed through advocate Anantha Narayana M G, the petitioner, who completed MS in Obstetrics and Gynaecology from Karnataka, claimed that she suffered mental, verbal, physical and financial abuse and harassment from her doctor husband and his family for dowry soon after her marriage on October 20, 2020.

After a brutal assault in September last year, the woman, who hailed from Kalaburgi, claimed she remained hospitalised for about 10 days. Thereafter, her husband dumped her.

In January 2022, a pre-filled letter from 'kazi' office arrived containing eight to 10 generalised and vague allegations. With this, it was stated on her husband's behalf that due to all these conditions, it is not possible to continue this relation and she is relieved of matrimonial relationship, her plea claimed.

"These words are called Kinaya words (ambiguous words or unclear form e. g. I free you, you are free now, you/this relation is haram on me, you are separated from me now, etc ) through which Talaq-e-Kinaya/Talaq-e-Bain (instantaneous and irrevocable and extra-judicial form of talaq, in single sitting, either pronounced or in written/electronic form) is given," the plea claimed.

It was alleged Talaq-e-Bain is used as a means for instant divorce.

The woman claimed she tried mediation but her husband refused to participate, forcing her to lodge an FIR on August 19, 2022.

In her plea, she sought a declaration that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 is void and unconstitutional for being violative of Articles 14, 15, 21, 25 of the Constitution, in so far as it validates the practice of “Talaq-e-Kinaya and Talaq-e-Bain” and other forms of unilateral extra-judicial talaq.

She also asked the court declare the Dissolution of Muslim Marriages Act, 1939, void and unconstitutional for being violative of Articles 14, 15, 21, 25 of the Constitution in so far as it fails to secure for Muslim women from such unilateral and extra judicial talaq.

She claimed such unilateral divorce has profound consequences on the quality of justice rendered in the country as well as ensuring a life of dignity guaranteed by Part-III of the Constitution.