The Supreme Court on Wednesday expressed caution about passing an immediate order prohibiting the pronouncement of talaq through electronic modes such as WhatsApp or email, observing that such a move could give the impression that the Court has already formed an opinion without hearing all sides.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was dealing with a plea challenging certain forms of divorce under Muslim personal law. During the hearing, the Court acknowledged concerns about husbands communicating talaq via digital platforms but said that any decision on the issue must follow a comprehensive consideration of legal and constitutional questions involved.
The petition, filed by journalist Benazeer Heena, challenges the constitutional validity of talaq-e-hasan, a form of divorce where the husband pronounces “talaq” once each month over a three-month period. The plea also seeks the framing of uniform and gender-neutral guidelines governing divorce procedures. The petitioner has argued that the use of electronic communication to convey talaq creates uncertainty and hardship, particularly in establishing marital status and legal rights.
While the Bench recognised the seriousness of the issues raised, it underlined that matters concerning personal law and fundamental rights require careful judicial scrutiny. The Court indicated that it would hear detailed arguments before considering any directions on the validity or mode of pronouncing talaq.
In the meantime, the Court encouraged the parties to explore mediation to address their matrimonial dispute and appointed a former Supreme Court judge to facilitate discussions. The broader constitutional challenge remains pending for further hearing.
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