The Supreme Court of India is currently reviewing the legality of Talaq-e-Hasan, a method of divorce practiced by some Muslims, and has requested input from several rights organizations. On August 11, 2025, a Supreme Court bench of Justices Surya Kant and Joymalya Bagchi heard petitions from nine Muslim women challenging the validity of Talaq-e-Hasan. The court has asked the National Human Rights Commission (NHRC), the National Commission for Women (NCW), and the National Commission for Protection of Child Rights (NCPCR) to submit their opinions on the matter to assist in adjudicating the petitions. The case is scheduled for a final hearing on November 19-20, 2025.

Talaq-e-Hasan is a form of divorce where a Muslim man can dissolve his marriage by pronouncing the word "talaq" once a month for three consecutive months. The divorce is only finalized after the third utterance of "talaq" in the third month, provided that cohabitation has not resumed during this period. If the couple resumes cohabitation after the first or second utterance, it is assumed that they have reconciled.

The petitioners argue that Talaq-e-Hasan is unconstitutional and seek the establishment of uniform, gender-neutral guidelines for divorce applicable to all citizens, regardless of religion. They claim the practice is unfair to women. The court is also hearing other petitions seeking to declare all forms of "unilateral extrajudicial divorce" as unconstitutional.

The Supreme Court has a history of intervening in matters of Muslim personal law. In 2017, it struck down the practice of triple talaq (Talaq-e-Biddat), where a Muslim man could divorce his wife by saying "talaq" three times in one sitting. The court deemed this practice unconstitutional and a violation of Articles 14 and 15 of the Constitution. However, in August 2022, the court had remarked that Talaq-e-Hasan was "not so improper" because women have the option of Khula, which is not available in Talaq-e-Biddat.

The current case has the potential to significantly impact Muslim personal law in India. A ruling against Talaq-e-Hasan could lead to the creation of more uniform and protective divorce laws for all citizens, setting a precedent for how personal laws align with constitutional rights. The outcome of this case could reshape divorce practices and push lawmakers to create more uniform rules for all citizens.

The Supreme Court has allowed intervention applications in the case, permitting parties to submit authoritative sources from books or scriptures to support their arguments. The court has also stated that it will not be overly concerned with technicalities, as the victims and aggrieved parties are already before the court.