Triple talaq unconstitutional, violates rights of Muslim women: Allahabad high court

In a major boost to women’s rights, The Allahabad High Court has ruled that the practice of triple talaq (Talaq-e-bidat) among Muslims is unconstitutional and violates the rights of women enshrined in constitution. The order was passed by HC Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her. Besides, the High Court also held that No Personal Law Board is above the Constitution i.e. it was indirectly referring to All India Muslim Personal Law Board (AIMPLB).”Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution,” said the Allahabad high court in its order.
The order was passed by Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her.Justice Kumar also said that triple talaq can’t be given arbitrarily. “Personal Law cannot be above the Constitutional law,” he stated. The All India Muslim Personal Law Board (AIMPLB) said it has the right to appeal the court’s jusdgement. Incidentally, the Supreme Court is also hearing a petition challenging the validity of triple talaq, as several individuals and NGOs have sought a ban on its practice. The view that “the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce” does not tie in with Islamic laws, said the court.

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