Supreme Court Stays Talaq‑e‑Hasan Proceedings, Sends Case for Mediation Amid Broader Legal Scrutiny

The Supreme Court of India has temporarily stayed the operation of talaq‑e‑hasan in a high‑profile marital dispute and referred the matter to mediation, as debates over the practice’s legal validity continue in the higher judiciary.

New Delhi| February 12, 2026:The Supreme Court on Thursday placed on hold the talaq‑e‑hasan divorce attempts in a case involving a Muslim couple and tasked a retired judge to mediate between the parties, as petitions challenging the traditional practice advance through the legal system.

The bench, led by Chief Justice Surya Kant with Justice Joymalya Bagchi, heard a public interest litigation filed by journalist Benazeer Heena, who challenged the constitutional validity of talaq‑e‑hasan, describing it as irrational and violative of fundamental rights under Articles 14, 15, 21 and 25.

While the court declined a blanket interim ban on the custom including virtual notices sent via WhatsApp or email the judges noted the sensitive nature of disputes involving personal laws and emphasised that both parties should be heard before any broader ruling.

In the specific marital case, the court appointed Justice (Retd.) Kurian Joseph as a mediator and directed both sides and their lawyers to contact him promptly to begin talks aimed at resolving the dispute amicably or finding a valid legal pathway for dissolution. During the mediation period, the alleged talaq‑e‑hasan pronouncements by the husband will remain in abeyance.In a related petition, the court also stayed the effect of another talaq‑e‑hasan when the husband failed to appear and the wife alleged her signatures had been obtained on blank papers underscoring judicial caution in interpreting the practice. The bench said the couple will be considered married until the husband can demonstrate a valid divorce.

Legal observers say the Supreme Court’s move to refer the dispute to mediation reflects a cautious but significant judicial approach in handling sensitive matrimonial issues tied to personal law, balancing constitutional concerns with social and religious contexts, as it continues wider hearings on the practice’s legality.

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