HC nixes lower court’s ruling on triple talaq

ALLAHABAD: Following the apex court’s decision in Shayara Bano case, the Allahabad high court on Thursday declared that a decree of divorce passed by the family court on the basis of Talaq-e-Biddat i.e; triple talaq is illegal.

While setting aside the judgment of the family court,

Bareilly

, dated March 31, 2017, a division bench comprising Justice Arun Tandon and Justice

Rajiv Joshi

observed, “Normally, we would have admitted the appeal and would have asked for the record of the court to be called for, and thereafter to have proceeded to decide the appeal on merits, but we are of the opinion that the exercise would be futile inasmuch as the issue raised by means of the present appeal stands squarely answered in favour of the appellant and against the plaintiff-husband under the majority judgment and order of the Constitution Bench of the apex xourt in the case of Shayara Bano Vs. Union of India and others 2017 (9)

SCC

1.”

Allowing the appeal filed by aggrieved wife

Arsey Jahan

, the court observed, “In view of the law laid down by the apex court in the case of Shayara Bano (supra) and in view of the fact that the husband had claimed for divorce on the basis of talaq-e-biddat, which has been held to be illegal by the apex court, the judgment and decree of the family court cannot be legally sustained and is hereby set aside.” On March 31, the family court had passed the decree in favour of the husband and had held that by pronouncing talaq three times, Mohammad

Farooq

alias Farooq Khan had divorced his wife, Arsey Jahan.

Aggrieved wife Arsey Jahan challenged the order, saying the same is illegal, as triple talaq has been declared unconstutional by the apex court. Farooq married Arsey Jahan in 2009 and was employed in the Army. While he was on duty, the wife had lodged an FIR of dowry harassment against him and his family. Further, she was not ready to live with him. Hence, on August 17, 2011, Farooq divorced her by pronouncing talaq thrice in the presence of two witnesses, which was later communicated to her by a registered letter.
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