Triple talaq illegal, rules Allahabad HC

TNS & PTI

Lucknow/Allahabad, December 8 

In a significant judgment, the Allahabad High Court has called the practice of divorcing a Muslim woman by ‘triple talaq’ in a single sitting as “cruel, unconstitutional and amounting to violation of victim’s rights”.

A single-Judge Bench of Justice Suneet Kumar observed: “Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution.”

Coming down heavily on the practice, the court has held that this form of “instant divorce” is “most demeaning”, which “impedes and drags India"’ from becoming a nation.

“The question which disturbs the court is — should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be amended suitably to alleviate their sufferings? The judicial conscience is disturbed at this monstrosity.”

In its order dated November 5, the court observed that “divorce is permissible in Islam only in case of extreme emergency when all efforts for effecting a reconciliation have failed.

“The view that the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce does not accord with Islamic injunctions... The Quran expressly forbids a man to seek pretexts for divorcing his wife, so long as she remains faithful and obedient to him.” 

The court made the observations while dismissing the petition of 23-year-old Hina, whose 53-year-old husband had married her “after effecting triple talaq to his wife”. 

The couple from Bulandshahr district had sought directions to the police and Hina's mother that they stopped harassing them. 

The court made it clear that it was not disputing the contention of the petitioner’s counsel that the couple “are adults and are at liberty to choose their partner” and they “cannot be deprived of their right to life and personal liberty” as per the fundamental rights enshrined in the Constitution.

“Nor difference in age is an issue”, the court said, adding, “What is disturbing is that the instrument of instant divorce (triple talaq) has been used for ulterior purpose (by the man) for divorcing his wife...” Justice Kumar said.

“The purpose of law in a modern, secular state... is to bring about social change. 

The Muslim community comprises a large percentage of the Indian population. Therefore, a large section of citizens, in particular women, cannot be left to be governed by archaic customs and social practices under the garb of personal law purportedly having divine sanction,” the order observed.

All-India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rasheed said they would be challenging the verdict in the apex court. The Supreme Court is already hearing another plea filed by Saira Bano, challenging three rules related to nikah — talaq-e-biddat, nikah halala and a man’s right to have four wives.