The Supreme Court on Wednesday signalled a possible constitutional rethink of Talaq-e-Hasan, questioning not just the procedure but the broader social impact of allowing third-party notices in a matter as personal as divorce.
A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh said it may refer the challenge to a five-judge Constitution Bench, while making it clear that the issue is not about striking down a religious practice but ensuring it aligns with constitutional principles. The judges asked all sides to submit a brief note outlining the forms of talaq in Islamic law and the precise legal questions that need resolution.
The immediate flashpoint was the practice of Muslim husbands authorising lawyers or other individuals to send Talaq-e-Hasan notices on their behalf. T

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