‘Triple talaq’ a cruel and most demeaning form of divorce practised by Muslim community: HC
- The Allahabad High Court has come down heavily on the practice of “triple talaq”, saying this form of “instant divorce” is “cruel” and “most demeaning”, which “impedes and drags India from becoming a nation.”
- 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.
- The court observed that “divorce is permissible in Islam only in case of extreme emergency. When all efforts for effecting a reconciliation have failed, the parties may proceed to a dissolution of marriage by Talaq or by Khola.”
- Personal laws of any community cannot claim supremacy over the rights granted to individuals by the Constitution.
- The observations were made while dismissing the writ of an elderly Muslim man who was seeking protection for himself and his second wife, half his age.
- Instant divorce [triple talaq] though has been deprecated and not followed by all sects of Muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the Muslim community at large.
- Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quran.