The Supreme Court will hear a petition on Wednesday, January 21, 2026, challenging the validity of Talaq-e-Hasan, a form of divorce practiced by Muslims in India. The case questions whether this form of divorce is constitutional and should be allowed to continue in its present form.
Earlier, on November 19, 2025, the Supreme Court said it may consider referring the matter to a five-judge Constitution Bench because of its importance. During that hearing, the court strongly criticised the practice of lawyers sending divorce notices on behalf of husbands, saying it was inappropriate and unfair to women.
The court asked all parties involved to submit written notes explaining the different types of talaq permitted under Islamic law. The judges made it clear that the issue is not about striking down a religious practice, but about whether such practices need to be regulated to ensure they follow the values of the Indian Constitution.
The Bench said personal laws must respect constitutional principles such as equality, dignity, and fairness, especially when they affect the rights of women. The upcoming hearing is expected to further examine whether Talaq-e-Hasan requires legal safeguards or regulation to prevent misuse.
The case is being closely watched, as it could have a major impact on personal laws, women’s rights, and religious practices in the country.