SC issues notice on cricketer Mohammad Shami's wife's plea seeking uniform divorce laws

The Supreme Court issued a notice on Monday after a plea was filed by Hasin Jahan, the estranged wife of Indian cricketer Mohammad Shami, seeking new guidelines for uniform divorce laws in the country, which are based on "gender and religion-neutral" grounds.

A bench headed by Justice DY Chandrachud tagged this plea filed by Jahan with the already pending petitions on the same issue.

The petition was filed by advocate Deepak Pradesh, stating that Hasin Jahan is an aggrieved wife due to the unilateral form of extrajudicial divorce, 'Talaq-Ul-Hasan'. The petitioner got a notice of the first pronouncement of divorce under 'Talaq-Ul-Hasan' issued by Mohammad Shami on July 23 last year, reported news agency ANI.

The petition said that when Jahan received the notice, she spoke to her near ones, who mentioned their similar grievances, whereby husbands had unilaterally divorced them, "at their own whims and fancies.”

Hence, the petitioner moved the court seeking adjudication of larger issues related to "Talaq-E-Hasan and all other forms of unilateral extrajudicial talaq" that is still in force under the Muslim Personal Laws (Shariat), by way of The Muslim Personal Law (Shariat) Application Act, 1937, according to ANI report.

The report further said that the plea argued that other forms of unilateral divorce exist where Muslim men have "unfettered powers" to divorce a Muslim woman "in a whimsical and capricious manner". The women are denied any right to reconciliation, and the Muslim divorce laws are discriminatory based on gender, thereby violating the basic Fundamental Rights of the women, guaranteed under Articles 14, 15 and 21 of the Indian Constitution.

Therefore, the petitioner has sought to frame guidelines for "gender-neutral religion-neutral uniform grounds of divorce and uniform procedure of divorce for all", reported ANI.

Hasin Jahan filed a petition with the Supreme Court earlier this month, expressing concern over the lack of response to her allegations of domestic abuse and asserting that Mohammad Shami has continued to engage in extra-marital affairs even when on tour with the Indian national cricket team.

In 2018, Jahan first brought up the allegations of domestic abuse and adultery against Mohammed Shami. She filed a police complaint in Jadavpur.

However, Mohammad Shami has denied all the allegations.

(With ANI inputs)