Allahabad High Court - Electronic Gurudev

The Allahabad High Court has come down strongly on the issue of triple talaq, saying the rights of a person cannot be violated under the name of "personal law". The court expressed this opinion while hearing a case involving a divorce granted through the contentious practice of triple talaq. https://twitter.com/ANINewsUP/status/861833861994496000 https://twitter.com/ANINewsUP/status/861835821749477376 Muslim men cannot separate from their wives following this practice, the court said, calling triple talaq against the constitutional right of equality. The court also said that personal law may be applicable only within the purview of the Constitution, and that a fatwa, which is contrary to the justice system, is not valid. "No fatwa can be contrary to someone's rights," the court sai...

On 8 December, the Allahabad High Court used strong words against the practice of triple talaq, describing it as “unconstitutional” and a violation of the rights of Muslim women, but such strong words do not mean anything practically and certainly do not settle the issue in law. More on that later, but first the court's observation should be welcomed because it is significant insofar as it strengthens women's rights movement in the country; sends a strong warning to Islamic clerics that time for them to change is now; denotes a pro-liberty shift in the higher judiciary's thinking, and offers a bright ray of hope to Muslim women who are rendered destitute overnight by triple talaq. The court observed: “The instant divorce (triple talaq) though has been deprecated and not followed by all se...

Tag: Allahabad High Court

Fundamental rights cannot be violated under the name of “personal law”: Allahabad High Court

Triple Talaq violates Fundamental Right: which is why Supreme Court should rule against it