In a significant judgment on Thursday, Allahabad High Court said that the triple talaqa was unconstitutional and it violated rights of Muslim women.
The order said, “Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution.”
“Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife’s right to divorce”, a single judge bench of Justice Suneet Kumar said in its judgement passed last month.
The court also observed that “divorce is permissible in Islam only in case of extreme emergency. When all efforts for effecting a reconciliation have failed, the parties may proceed to a dissolution of marriage by Talaq or by Khola”.
A Muslim cleric, Khalid Rasheed said, “Respect HC’s verdict but we’ve constitutional right to appeal against the verdict if not satisfied.”
The order assumes significance in light of similar case currently pending in Supreme Court.
The Centre’s Narendra Modi government has opposed the practice in the Supreme Court, while All India Muslim Personal Law Board has opposed the central government’s decision.
More to come