Wednesday, September, 28,2022

Talaq-e-Hasan case: Delhi HC grants liberty to petitioner's counsel to join SC proceedings in similar case

New Delhi: The Delhi High Court on Thursday in a matter related to Talaq-e-Hasan granted liberty to the petitioner's counsel to take instructions to join the proceedings before the Supreme Court in a similar matter.
The High Court said that a similar matter is pending before the Supreme Court. Justice Yashwant Varma granted liberty to take instructions in the matter. The court said, "a similar matter is pending in the Supreme Court, you may join proceedings there."
The petitioner's counsels Mohan S and Shubham Jha said that the petitioners were different in both matters.
The bench said, "The petitioner may be different but the issue is the same. You may join there. Though we can't advise you."
The court has listed the matter for January 12, 2023 for further hearing.
During the hearing, advocate Ashwani Upadhyay orally intervened by saying, "the current petition is a work of copy-paste and wastage of the Court's time." They challenged Talaq-e-Hasan without making the Central Government a party, he said.
He said that another similar matter of Benazir Heena is pending before the Supreme Court and he is the counsel for the petitioner in the Supreme Court.
The petitioner has sought a direction to declare the Notice (divorce notice issued by the petitioner's husband) void as it is Unilateral Extra-Judicial Talaq, arbitrary, irrational and contrary to Article 14, 15, 21, 25 and UN Conventions on Human Civil Rights.
The vacation bench of Justice Dinesh Kumar Sharma had on June 22 issued notice on the petition moved by Razia Naz, whose matter was listed for further hearing on August 18 (today).
The petitioner has challenged the June 2 notice served by her husband Shahenshah Alam Khan.
The petition stated that the petitioner was married to Shahenshah Alam Khan, a resident of Panaji, Goa.
It is alleged that the petitioner was subjected to physical and mental torture at the matrimonial home as well as at the parental home as their demand for expensive gifts was refused by the petitioner and her family.
The petitioner has further claimed that in order to avoid any action against him and his family, her husband preferred the route of Talaq-E-Hasan and gave her the first notice for the same to extort her to withdraw every legal action against him.
The said Talaq-E-Hasan is not only arbitrary, illegal, baseless, abuse of law but also the Unilateral Extra-Judicial act and is a direct infringement of the Articles 14, 15, 21, 25 and UN Convention, the petition stated.
It also stated that the petitioner had filed a police complaint and a case under the domestic violence Act against her husband and his family. Thereafter the notice under Talaq-E-Hasan was served upon the petitioner. (ANI)

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