The Supreme Court on Tuesday, 16 August, said the practice of divorce in Muslims through 'Talaq-e-Hasan' – which is pronounced once a month over a period of three months – is not akin to triple talaq and the women also have an option of 'khula'.
In Islam, a man can take "talaq", while a woman can part ways with her husband through "khula."
A bench of Justices S K Kaul and M M Sundresh said if husband and wife cannot live together, it can also grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution.
The top court was hearing a plea seeking to declare 'Talaq-e-Hasan' and all other forms of "unilateral extra-judicial talaq as void and unconstitutional", claiming they were "arbitrary, irrational, and violated fundamental rights".