Indian Cricketer Mohammed Shami’s wife Hasin Jahan has sought guidelines for ‘gender-neutral, religion-neutral uniform grounds of divorce’, and uniform procedure of divorce for all. The Supreme Court on Monday, May 15, issued notice to concerned respondents over the plea filed by Shami’s wife. The bench headed by Justice DY Chandrachud tagged the plea with other similar petitions raising common issues.
The plea, on behalf of Shami’s wife, was filed by advocate Deepak Prakash. The petitioner said that she is aggrieved by extra-judicial Talaq-Ul-Hasan, and has received a notice of first pronouncement of divorce under Talaq-Ul-Hasan dated July 23, 2022, issued by Mohammad Shami, her husband.
After receiving the notice, Hasin Jahan contacted her relatives who also told her about receiving similar notices whereby their husbands divorced them unilaterally at their own whims and fancies.
Following that, Shami’s wife approached the Supreme Court against this unilateral extra-judicial talaq which is still prevalent and in force under the Muslim Personal Laws (Shariat Law), by way of the Muslim Personal Law (Shariat) Application Act, 1937.
The Petitioner, Shami’s wife, said that she is an aggrieved wife, subjected to the abuse of the draconian practices being followed under the Muslim Personal Laws (Shariat), wherein, except Talaq-e Biddat, there exist numerous other forms of unilateral Divorce, known as Talaq, which provide unfettered powers to the Muslim man, to divorce a Muslim woman, in a whimsical and capricious manner, without affording any right of reconciliation or being heard in any manner, to the Muslim women, being discriminatory on the basis of sex and gender, thereby violating the basic Fundamental Rights of the women, guaranteed under Article 14,15 and 21 in the Constitution of India, 1950.
The petition also sought to declare 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, in so far as it validates the practice of “Talaq-E-Hasan and other forms of unilateral extra-judicial talaq”.
Therefore, the petitioner has sought to frame guidelines for “gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all”. The petitioner also sought to declare the practice of “Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq” void and unconstitutional.
Hasin Jahan had earlier petitioned the Supreme Court to reopen the criminal case against Mohammad Shami stemming from allegations of dowry demand and domestic abuse and to withdraw the stay placed on the athlete’s arrest by a sessions court.
Jahan said before the Supreme Court that Shami frequently demanded dowry from her and that he had extramarital affairs.
