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Friday 24 January 2020

Triple talaq again: Law violated in Uttar Pradesh

The law, which came into being a few weeks ago, makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal

Muzaffarnagar: A man has been arrested in Uttar Pradesh’s Muzaffarnagar district for allegedly divorcing his wife by pronouncing the word talaq thrice, a practice which has been criminalised (triple talaq), police said on Saturday.

A case has also been registered against four other members of the husband’s family for allegedly beating up the woman, they said.

Officials said the woman has alleged that her husband along with his brother, sister-in-law, mother and father went to her house and thrashed her. The husband, Aas Mohd, then gave the woman ‘triple talaq‘.

The incident happened on 17 August in New Mandi police station area and Aas Mohd was arrested on Friday.

He has been charged under the Muslim Women (Protection of Rights on Marriage) Act, 2019, police said.

In another similar incident, a man was booked on Friday for divorcing his wife through triple talaq in the district. Case has also been registered against his sister and her husband for beating up the woman, police said.

No arrests have yet been made in this case, which happened in Khampur village under Chapar police station limits. Police said they are investigating the matter.

The couple were married for seven years and the woman was living with her parents over the last few months, police said.

The law, which came into being a few weeks ago, makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

A bench of Supreme Court justices NV Ramana and Ajay Rastogi had issued a notice to the Centre on a batch of petitions seeking to declare the Muslim Women (Protection of Rights on Marriage) Act 2019 as “unconstitutional” on grounds that it allegedly violates the provisions of the Constitution. “We will examine this,” the bench told senior Advocate (and a member of the Congress) Salman Khurshid, who was appearing for one of the petitioners.

Khurshid had said there were many dimensions, including making the practice a punishable offence and jail term of up to three years, which need to be examined by the top court. He said the petitioners were concerned about making the practice of triple talaq among Muslims an offence as the apex court had already declared it to be null and void.

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