3 min readNew DelhiFeb 12, 2026 03:34 AM IST
CITING ITS sensitive nature, the Supreme Court on Wednesday refused to accede to a request to grant interim stay on the practice of Muslim husbands allegedly pronouncing talaq illegally through WhatsApp and email and advised those who have challenged it to wait until the court finally decides their petitions.
“Suppose we do it, people will unnecessarily pre-judge us. These are slightly sensitive matters…where human emotions are involved. Maybe ultimately, we agree with you. In that case we will not hesitate, we will not shy away from any directions that may be issued. But that we will issue after hearing both sides,” said Chief Justice of India Surya Kant, presiding over a two-judge bench.
The bench also comprising Justice Joymalya Bagchi was hearing a PIL by Benazeer Heena, challenging the constitutional validity of the talaq-e-hasan custom which the petitioner contended is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.
She claimed that her husband had sent her talaq-e-hasan notice through his lawyer and that this was not a valid way of service of talaq. Issuing notice on her plea on November 19, 2025, the SC had questioned the practice.
On Wednesday, Advocate Rizwan Ahmed, appearing for Benazeer, a journalist, told the bench that he had filed a contempt petition against the husband as he had again attempted to pronounce talaq in a manner not contemplated under the personal laws. He said the talaqs were sent by post to the wrong address and then the husband said his quota of talaq is over.
The court after hearing her and the husband’s counsel directed them to attempt mediation to settle their dispute and appointed retired SC judge Justice Kurian Joseph as mediator.
During the pendency of Benazeer’s petition, certain other similar petitions also came to be filed before the top court. Hearing one by an illiterate woman and a homemaker, who said she was victim of “unilateral extra-judicial talaq-e-hasan”, the SC on Wednesday paused the operation of the divorce. She alleged that he had taken her signatures on blank paper.
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Though the court had issued notice to the husband, he did not appear forcing the court to stay the divorce.
“As he (husband) has not come forward to deny the allegations, we stay operation of the alleged talaq-e-hasan resorted to by him for divorcing the petitioner. Having stayed that, we direct that parties shall be deemed to be a validly married couple unless husband comes forward and shows that valid talaq has been given,” the bench ordered. It asked the “concerned Station House Officer to find out whereabouts of husband and ensure his presence before this court”.
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