'Women Are Not Property': Allahabad High Court Makes Strong Remarks On Triple Talaq, Nikah Halala

Lucknow: The Allahabad High Court, while hearing a case related to Nikah Halala and Triple Talaq in Amroha, took a strong stand in its important decision and clarified that the criminal law of the country cannot be subject to any personal law or religious practice. The court clearly said that if serious criminal allegations are made in a case, then the FIR cannot be cancelled merely by citing personal law.

What did the court say?

The division bench of Justice JJ Munir and Justice Tarun Saxena made this comment in the case of sexual exploitation and gang rape of a woman in the name of alleged 'Nikah Halala'.

The court stated that considering all the circumstances, this case presents a picture of a segment of our society that is far removed from the constitutional values and objectives of equality, privacy, personal dignity, and Articles 21 and 14 of the Constitution. The court dismissed the petitions challenging the FIRs filed against all nine accused in the case.

What is the case?

This case is from Saidanwali police station in Amroha district, Uttar Pradesh. The victim was forcibly married to Azhar Nawaz on April 25, 2015, when she was just 15 years old. In January 2016, her husband gave her triple talaq. Subsequently, in November 2016, under the pretext of remarriage, the victim was forcibly forced to undergo the process of nikah halala under the guise of a Maulana's advice. Maulana Qayyum forcibly had physical relations with her, after which she remarried Azhar in 2017.

In this case, an FIR was registered at the Saidanwali police station under sections 85, 115(2), 64, 351(2), 61(2)(a), 70(2) of the IPC, sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and sections 5(l)/6 and 17/18 of the POCSO Act. In 2021, Azhar gave her triple talaq for the second time and married another woman. Later, when he had no children with his second wife, he lured the victim into living with him for a third time, citing his daughter.

Was woman gang-raped in the name of Halala?

This time, Azhar's brothers threatened the victim that since she had been divorced twice, she would have to undergo 'halala' again. On February 19, 2025, the two brothers gang-raped the victim in the name of halala. During the hearing, the court noted that the victim was a minor during the first halala process, which prima facie constitutes a case of statutory rape. Subsequently, she was divorced again in 2021. When the matter of reconciliation came up, the accused intimidated her and told her that since she had been divorced twice, she would have to undergo halala twice. It is alleged that in February 2025, she was gang-raped under the guise of halala and later, a fake marriage was staged to try to get her back together.

What did the accused say?

During the hearing, the accused argued that the entire matter involved Muslim personal law and their religious practices, and therefore, the FIR should be quashed. The High Court completely rejected this argument, stating that the facts revealed in this case are shocking to the conscience. This situation reflects a segment of our society that is far removed from the values enshrined in Article 14 (equality) and Article 21 (personal dignity and privacy) of the Constitution.

What did the court say regarding the statement?

The court sternly stated that when it comes to criminal law, there is no room for resorting to personal laws governing marriage, unless the law itself provides an exception. Citing several Supreme Court judgments, the court clarified that sexual intercourse with a girl under 18 years of age cannot be protected by citing personal law, and that the POCSO Act will be fully applicable in such cases. The court clarified that at the stage of quashing an FIR, the court does not thoroughly examine the evidence. Since the complaint contains serious allegations of cognizable offenses under the Indian Penal Code (IPC) and the POCSO Act, the police investigation cannot be stopped at the outset.

The High Court dismissed the petitions of Tayyab and others, refusing to grant any relief to any of the accused, and also withdrew all previous interim orders with immediate effect. The High Court's dismissal of the petitions and the revocation of the previous interim orders has now cleared the way for the police to conduct a thorough investigation into the case.