During a hearing on a 2022 Public Interest Litigation (PIL) filed by journalist Benazeer Heena, the Supreme Court questioned whether a practice such as Talaq-e-Hasan could continue to exist in what it called a “civilised society.”

The matter, which came up before a Bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh, prompted the Court to signal that it might send the issue to a Constitution Bench of five judges. “Once you give us a brief note we will consider the desirability of referring to a 5 judge bench,” the Bench told the parties, asking them to outline the substantial questions for adjudication, according to Bar and Bench.

The judges remarked that the practice has wide-reaching consequences and may demand judicial intervention. Justice Kant, who will assume office as

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