The Supreme Court will hear a plea challenging the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, on Wednesday (January 21, 2026). On November 19, 2025, the top court said it may consider referring the challenge to the validity of Talaq-e-Hasan to a larger five-Judge Constitution Bench while deprecating the practice of sending notices on the husband’s behalf.
Asking the parties to submit notes with regard to types of Talaq which can be granted under Islamic practices, the Bench said it is not the question of striking down a prevalent religious practice but an issue which needs to be regulated as per the constitutional ethos.
The top court was hearing nine petitions, including the one filed by Ghaziabad resident Benazeer Heena, claiming to be aggrieved by the practice.
The judicial validity of the Talaq-e-Hasan mode of divorce
In 2017, the top court declared instant Triple Talaq, also a form of divorce prevalent among the Muslim community, as unconstitutional after finding it to be arbitrary and violative of the fundamental rights of Muslim women.
