Current Legal Update

Unilateral Divorce Under Scrutiny: The Talaq-e-Hasan Case

The Supreme Court is performing a last-minute examination of the constitutional validity of the Talq-e-Hasan. Receiving petitions of affected women, the Court has ordered dates of a final hearing and more importantly has shown clear intentions of considering substantive rights over procedural objections. Inviting the views of national rights commissions, the bench is gearing up to an evidence-based reviewing of the practice in detail. These initial guidelines indicate very strongly that the Court is about to give a substantive decision whether Talaq-e-Hasan is in line with the constitutional provisions of equality and fairness.

High court

Saif Ali Khan Faces Major Setback as MP High Court Reopens ₹15,000 Cr. Royal Property Dispute

Through this article we discuss the opinion of the Madhya Pradesh High Court in the Bhopal Nawab property succession case as it throws light on the complicated legal issues of the private property of former rulers. The case was remanded to the court to be tried once again, with stress on personal law, merger agreements and the clauses of the constitution especially in the case when a previous judgment on which the case had laid its relied-upon basis was being abridged by the Supreme Court.

High court

Telangana High Court Affirms Muslim Woman’s Absolute Right to Divorce via Khula Without Husband’s Consent

The paper under consideration considers the legal nuances regarding the possibility of Khula divorce as the right of a Muslim woman living in India with reference to a recent case in a High Court. It examines the character of Khula, the significance of religious and judicial institutions as well as the judicial practices of validating such divorces especially on the absolute right of the wife to seek u Khula and the limited importance of the consent of the husband or the fatwa of the Mufti. This discussion has shown that there has been a move towards judicial ratification of the breaking up of marriage.