Army tribunal ruled against triple talaq in May this year

LUCKNOW: Months before the Allahabad high court termed triple talaq cruel, and said this form of `instant justice' is 'most demeaning', the Lucknow-based regional bench of the

Armed Forces Tribunal

had in May this year observed that personal law or Constitution does not entitle the husband to end the wedding.

Rejecting the `triple talaq' pronounced by an Army jawan, the regional bench of Armed Forces Tribunal, Lucknow in May had obser ved that Personal Law or Constitution of In dia does not entitle the husband to end the wedding--which is a contract--orally, by no tice or by ex parte decisions. The judgment came on a divorce plea filed by an Army tailor

Lance Naik Mohammed Farooq

aka Farooq Khan of 8 JAT.

A bench of Justice

Devi Prasad Singh

(Member Judicial) and Air Marshal

Anil Chopra

(Member Administrative) mentioned that arrears of maintenance shall be paid to Asrey Jahan, a resident of Bareilly (and wife of Farooq Khan).

The divorce took place by ex parte action of the applicant-husband through a notice dated August 17, 2011with the claim that in view of divorce notice, the respondents (Government of IndiaArmy authorities) had no right to grant maintenance to respondent 6 (Asrey Jahan), as the marriage has been dissolved. Maximum maintenance may be given for three months along with `meher' amount.

Making a strong observation, the bench said, “Nikah is based on offer and acceptance between man and woman. Unless both agree, there cannot be any nikah. On the same analogy , declaration of talaq or divorce by husband in the presence of wife, and only when both agree, would talaq be executed.“