Alongside the continuous debate on triple talaq, the Allahabad High Court on Tuesday acknowledged that women’ s basic human rights cannot be violated under the shield of a personal law. As per the HC judgement, triple talaq was termed as a violation of equality. It added that the Muslim men cannot give divorce in this manner as it is against the right of equality.
“No fatwa can be contrary to someone’s rights,”, said the court.
HC called triple talaq “unsustainable” and “bad in law because Muslim marriages are contracts that cannot be unilaterally rescinded by the husband”.
This observation surfaced while the court was hearing a petition filed by a man whose wife lodged a criminal case against him for allegedly torturing her for dowry and then divorcing her in this manner when she refused to give in to the demand for dowry.
Notably, the hearing in the case was held on April 19 while the details of the judgment were made public on Tuesday. The judgment saw the court dismissing the man’s plea to disallow criminal proceedings against him.
The Supreme Court is scheduled to hear the plea on the validity of triple talaq in a special bench on May 11.