Allahabad High Court says Triple Talaq unconstitutional

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The Allahabad High court on Thursday declares the practice of Triple Talaq unconstitutional by citing that it abuses the rights of Muslim women. By giving the decision in support of the Muslim women, by uttering the word ‘talaq’ thrice time consecutively it said, “No Personal Law Board is above the Constitution”.

The Allahabad High court said in its order that,” Triple Talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution”.

If reports are to be believed, The Supreme Court is listening to a few petitions in context to Triple Talaq, with ladies claiming that they are being separated through the social networking sites like Facebook, Whatsapp and Skype.

Giving light to the issue facing by the Muslim women Prime Minister Modi said at a rally in October this year expresses his views by saying, “It is the responsibility of the government and the people of the country to give justice to Muslim women under the Constitution. The debate should be in between Muslims who want reforms and those who do not want reforms. “Is it fair for a man to say “talaq” thrice over the phone and a Muslim woman’s life to be ruined”.

The order was passed by Justice Suneet Kumar while hearing a petition which was filed by a lady who asserted her husband divorced her by pronouncing the Talaq three times.

Adding this further he said, “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”.

Justice Kumar said that triple talaq can’t be given arbitrarily. “Personal Law cannot be above the Constitutional law”.

As per the sources, number of Muslim women has moved to various courts over India testing the legitimacy of ‘triple talaq’.

Acknowledging the court decision social activist Zakiya Soman said, “I welcome the verdict of Allahabad HC, it’s true that triple talaq is not constitutional and it must be abolished”.

Meanwhile, All India Muslim Personal Law Board said, “We respect the verdict of the High Court but the constitution has given us the right to file an appeal against any order”.

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