Supreme Court Intervenes in Talaq E-Hasan Disputes, Orders Mediation and Legal Aid, Justice Kurian Joseph Appointed as Mediator; Supreme Court Stays Unilateral Talaq E-Hasan and Ensures Legal Aid to Petitioners
In a landmark move, the Supreme Court of India has taken significant steps to address the contentious issue of unilateral extra-judicial Talaq E-Hasan, providing relief to petitioners by staying the operation of such divorce pronouncements until a lawful process is demonstrated. The case, spearheaded by petitioner Benazeer Heena against Union of India and others, has prompted the apex court to order mediation for an amicable resolution of matrimonial disputes.
The Supreme Court, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, recognized the complexity and urgency of the situation, and in an effort to find a peaceful resolution, appointed Justice Kurian Joseph, a former Supreme Court judge, as the mediator. The court directed the parties involved to initiate mediation proceedings immediately, with the aim to resolve the dispute within four weeks. The honorarium for mediation will be decided subsequently.
Furthermore, the Supreme Court has stayed the operation of alleged unilateral Talaq E-Hasan, which had been issued to the petitioners. The court directed that the petitioners and respondents shall be considered validly married unless the respondents can prove a lawful Talaq. This decision provides temporary relief to the petitioners, safeguarding their marital status until further deliberations.
In addition to the mediation efforts, the Supreme Court has emphasized the importance of legal aid. It directed the Supreme Court Legal Services Committee to provide free legal aid to financially weak applicants, ensuring they have access to Advocates on Record and senior counsel. This initiative is aimed at enabling economically disadvantaged petitioners to pursue their grievances effectively through separate writ petitions.
The court also addressed several related petitions, including those of illiterate women who have been victims of unilateral Talaq E-Hasan. The Supreme Court took a firm stance by staying the operation of such Talaqs and mandating police authorities to locate respondents and ensure their presence before the court.
This decision marks a critical step towards ensuring judicial oversight in cases of unilateral Talaq E-Hasan, promoting mediation as a means of resolving matrimonial disputes amicably, and reinforcing the provision of legal support to those in need.
Bottom Line:
Reference to mediation in matrimonial disputes for amicable resolution, ensuring protection against unilateral and extra-judicial Talaq E-Hasan.
Statutory provision(s): [Not specified in the judgment]
Benazeer Heena v. Union of India, (SC) : Law Finder Doc id # 2852511
