The Delhi High Court last week wrote a note in a complaint accusing Talaq-e-Hasan's practice of being unconstitutional and arbitrary. Plea also alleges that the above practices violate the principles set out in the United Nations Human Rights Convention.
Raziya Naaz, Talaq-e-Hasan's notice sent to her on June 2, 2022, took the form of a one-sided alternative dispute resolution, unconstitutional, arbitrary, and unreasonable. , Violates the article. 14, 15, 19, 21 and provisions of the United Nations Human Rights Convention.
Talaq-e-Hasan is a practice of divorce in Islamic personal law, where a man can verbally pronounce taraku once a month for three months to divorce his wife.
Delhi Police and Naaz's spouse received a notice from Judge Dinesh Kumar Sharma.
Background:
Naaz claimed that after their marriage, her spouse and family members physically and mentally tormented her in their home and in the home of her relatives. They won't provide cash or other pricey gifts to the husband's family, which is the reason. In addition, Naaz has sued her spouse and his family for domestic abuse.
Naaz argues that Talaq-e-Hasan is an unconstitutional unilateral talaq law that severely restricts the fundamental rights of married Muslim women in order to get around the Domestic Violence Act of 2005 and other legal actions taken against him.
Naaz has also argued in her case before the High Court that the Talaq-e-Hasan practice violates Article 21 of the Constitution since it discriminates against women and men, gravely violating their right to dignity.
Along with rejecting Talaq-e-Hasan, the petition asks for a directive that any religious organisations, bodies, and leaders who support such practises must not compel her to follow Sharia Law and accept Talaq-e-Hasan.
It has also been requested that the Delhi Police provide directives to ensure her security from any religious organisations, organisations, and leaders that support and promote such behaviours.
The matter is currently scheduled for August 18.
Case Title: Raziya Naaz v. Shahenshah Alam Khan and Others is the case name.
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