Not Allowed During Periods Or Pregnancy, What Is Talaq-e-Hasan And How It Differs From Triple Talaq?

Last Updated:February 12, 2026, 18:42 IST

SC has neither declared the practice of Talaq-e-Hasan unconstitutional nor upheld it conclusively, but it is actively hearing multiple petitions questioning its validity

Some cases challenging Talaq-e-Hasan, a traditional Islamic method of divorce in which a husband pronounces “talaq" over a period of three months, are currently pending before the Supreme Court, and its constitutional status remains uncertain. The court has neither declared the practice unconstitutional nor upheld it conclusively, but it is actively hearing multiple petitions questioning its validity. During a hearing in November 2025, Chief Justice Surya Kant remarked, “Should a civilised society allow such a practice?" The method has often been described in court as a unilateral divorce process that places women at a disadvantage.

The court has indicated that the matter may be referred to a five-judge Constitution Bench. Hearings are ongoing, and in some cases, the court has suggested mediation between the parties. Here is a closer look at this form of divorce, the Supreme Court’s approach to it, and what may happen next.

Q. What is Talaq-e-Hasan, and is it different from ‘Triple Talaq’?

Talaq-e-Hasan is a traditional Islamic method of divorce recognised under Muslim Personal Law, practised mainly among Sunni Muslims. It is a form of unilateral divorce in which a husband can dissolve the marriage by pronouncing the word “talaq" three times over a period of three months. Unlike instant triple talaq, it is not immediate. There must be a gap of at least one month between each pronouncement, allowing time for reconciliation. The practice is considered to be derived from Quranic verses, including Surah Al-Baqarah (226-237) and the opening verses of Surah At-Talaq, which outline the step-by-step process of divorce.

Talaq-e-Hasan should not be confused with “Ahsan Talaq". In Ahsan Talaq, the husband pronounces divorce once, and reconciliation remains possible during the iddat (waiting period). Talaq-e-Hasan, by contrast, involves a longer process, which distinguishes it from talaq-e-biddat (triple talaq).

Q. How does the Supreme Court view or interpret this form of divorce?

The Supreme Court has recognised that Talaq-e-Hasan is distinct from instant triple talaq but has raised concerns over its unilateral nature. At present, it continues to be treated as constitutionally valid, though its legality is under challenge.

In 2022, the court observed that Talaq-e-Hasan is not the same as triple talaq because it involves pronouncements at monthly intervals, allowing an opportunity for reconciliation. In recent hearings, however, the court has questioned whether such a practice is compatible with a civilised society and has granted interim relief in certain cases, including where there were allegations of fraud or the husband failed to appear. The court has also indicated that the issue may be referred to a five-judge Constitution Bench.

Q. What is its current constitutional status?

Talaq-e-Hasan is considered valid under the Muslim Personal Law (Shariat Application Act, 1937), which is protected under Article 25 of the Constitution guaranteeing freedom of religion. However, petitioners have argued that it violates Articles 14 (equality), 15 (prohibition of discrimination), and 21 (right to life and dignity), as it is a male-dominated process. The Supreme Court has not yet declared it unconstitutional, and the matter is currently being heard by a bench led by Chief Justice Surya Kant.

Q. What is the difference between Talaq-e-Hasan and Talaq-e-Biddat (triple talaq)?

Talaq-e-Hasan and Talaq-e-Biddat are two distinct forms of divorce under Islamic law, differing mainly in duration, scope for reconciliation, and legal treatment. Talaq-e-Hasan takes place over three monthly cycles, roughly 90 days. The husband pronounces “talaq" once every month, and the couple continues to live together during each stage. Reconciliation often takes place during this period, and the process can be withdrawn.

If the pronouncement is made three times over the three months, the divorce becomes final after the third pronouncement. Talaq-e-Biddat, on the other hand, was a controversial practice in which “talaq, talaq, talaq" was pronounced in one sitting, without any opportunity for reconciliation, resulting in instant divorce.

Q. Why did Muslim women file petitions against Talaq-e-Hasan?

Muslim women have challenged Talaq-e-Hasan on the ground that it is unilateral, discriminatory, and violates fundamental rights. Petitioners argue that only husbands are given the authority to dissolve the marriage within three menstrual cycles, while women do not enjoy an equal right. They claim this violates Articles 14, 15, and 21 of the Constitution.

In several cases, petitioners have alleged that husbands misused the process following dowry disputes or domestic violence, sometimes sending divorce notices and forcing women out of their homes. Activists and litigants have described the practice as unjust and harmful to women’s dignity and access to justice. After the ban on instant triple talaq, demands have grown for a review of Talaq-e-Hasan as well.

Q. What are the conditions for Talaq-e-Hasan, and why has the court raised objections in recent cases?

The process of Talaq-e-Hasan cannot be initiated during a woman’s menstrual period. If the wife is pregnant, the pronouncement is deferred until the end of the pregnancy. While divorce is regulated in the Quran, Talaq-e-Hasan is not explicitly named and is generally understood to have evolved through hadith and fiqh (Islamic jurisprudence). It is recognised in Sunni practice, while Shia traditions have different forms such as khula.

In recent cases, the court has objected to the manner in which the process has been used, especially where divorces were issued through notices, messages, or without proper reconciliation efforts.

Q. How is reconciliation achieved during Talaq-e-Hasan?

Reconciliation during Talaq-e-Hasan is meant to take place in stages, with opportunities for reunion after each pronouncement. After every monthly declaration, during the tuhr period, the husband and wife are expected to remain under the same roof. Family members, elders, or mediators may intervene to facilitate dialogue and settlement.

If the couple resumes cohabitation or the husband withdraws the divorce before two witnesses, the process is cancelled.

• First talaq – Reconciliation is possible until the next menstrual cycle.
• Second talaq – Another opportunity for reunion during the waiting period.
• Third talaq – Final stage before the divorce becomes permanent.

Although reconciliation is considered an essential part of the process, in practice, it is often reduced to formal notices or separation.

Q. Have several petitions been filed in the Supreme Court challenging the validity of Talaq-e-Hasan?

Multiple petitions have been filed in the Supreme Court challenging the validity of Talaq-e-Hasan. One of the prominent cases is Benazir Heena vs Union of India (2022), in which a Ghaziabad-based journalist challenged the Shariat Act, 1937, and the Dissolution of Muslim Marriages Act, 1939. She alleged that her husband divorced her through a WhatsApp message and argued that the practice was unconstitutional.

Other petitions include that of a housewife who alleged that her husband obtained her signature on a blank paper and used it to claim divorce. In November 2025, the Supreme Court questioned the practice, asking whether such a method should exist in a civilised society, and indicated the possibility of referring the matter to a Constitution Bench. The court also expressed concern about divorce notices being sent through lawyers without due process.

On February 11, 2026, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard the petitions, focusing particularly on Benazir Heena’s case. The court referred the couple to mediation and appointed former judge Justice Kurian Joseph as mediator. All previous divorce pronouncements by the husband were stayed pending mediation. In another case involving an illiterate wife, the court stayed the Talaq-e-Hasan issued by the husband after he failed to appear and respond to allegations. The court observed that the couple would be treated as married until the divorce is legally established.

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