The Allahabad High Court on Tuesday ruled that triple talaq was a violation of the Constitution and that the rights of women cannot be violated in the name of personal law
The SC will take up the triple talaq issue tomorrow. Pic/AFP
The Allahabad High Court on Tuesday ruled that triple talaq was a violation of the Constitution and that the rights of women cannot be violated in the name of personal law.
The court’s ruling came as it heard a case filed by a Muslim woman from Varanasi, with regard to harassment for dowry followed by a triple talaq by her husband.
A single judge bench also refused to quash the dowry case as demanded by Jameel, who contended that he has divorced his wife and also procured a fatwa.
The court also ruled that the summon to the husband by the Varanasi court was valid on the grounds that prima facie, the case was a criminal one as any fatwa did not enjoy the backing of law or have a legal sanctity. No personal law is above the Constitution and triple talaq was a violation of the fundamental rights given to citizens under Articles 14, 15 and 21, the court said.
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