The Supreme Court on Wednesday questioned how the practice of Talaq-e-Hasan for divorcing Muslim women can be allowed to continue in a civilised society, reported Bar and Bench.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh also noted that the practice may need to be “regulated”, instead of being struck down like instant triple talaq, or Talaq-e-Biddah, reported Live Law.

Talaq-e-Hasan is a practice in which a Muslim man divorces his wife by uttering the word “talaq” once a month over 90 days. The divorce is considered final after the third utterance.

Triple talaq allows a Muslim man to instantly divorce his wife by pronouncing “talaq” three times. The practice was declared unconstitutional by the Supreme Court in 2019.

On Wednesday, the court was hearing petitions against Talaq-e-Hasan, including one filed by journalist Benazeer Heena, who challenged its constitutionality in 2022 on the grounds that it is discriminatory against women.

“What kind of thing is this?” Bar and Bench quoted the court as asking. “How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how a dignity of a woman be upheld? Should a civilised society allow this kind of practice?”

The bench said that as the matter affects society at large, the court may have to intervene and asked the petitioners to submit broad questions that may arise while considering it.

“Once you give us a brief note, we will consider the desirability of referring it to a five-judge bench,” said the bench.

In her plea, Heena said her husband divorced her by sending Talaq-e-Hasan notices through a lawyer after her family refused to pay dowry.

As the notices did not have her husband’s signature, Heena’s advocate told the court that she has been unable to prove that she is divorced, reported Live Law.

“The problem started with the schools where I wanted to get my child admitted,” her petition stated. “Everywhere I said I was a divorcee, my papers were not accepted. Admission was rejected. I said the father has moved on and married again. I don’t know the technicalities.”

The court posted the matter for November 26 and also directed the husband to be present for the next hearing.

“It’s Constitution Day and therefore we must do something,” Live Law quoted the bench as saying.

In August 2022, a different bench of the Supreme Court had noted that the practice of Talaq-e-Hasan was not prima facie improper.

“Women also have an option,” a bench of Justices Sanjay Kishan Kaul and MM Sundresh had said. “Khula is there.”

Khula is a form of divorce in which the wife returns her Mehr amount to the husband. Mehr is the exclusive property, goods or money given by the groom to the bride as a mark of respect.