The Allahabad High Court on Tuesday ruled that triple talaq was a violation of the Indian 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 Aqeel Jameel.
A single judge bench of Justice S.P. Kesarwani also refused to quash the dowry case as demanded by Jameel, who contended that he has divorced his wife and also procured a ‘fatwa’ in this regard by the Darul Ifta Jama Masjid in Agra.
The court also ruled that the summon to the husband by the Varanasi Additional Chief Judicial Magistrate 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 the Constitution’s Articles 14, 15 and 21, the court said. The court also said that any fatwa that is against law cannot be accepted.