Three talaq cannot be used as a pretext to sexually exploit women ! : Allahabad High Court

(Triple talaq refers to the practice in which a Muslim man divorces his wife by pronouncing the word “talaq” three times in one sitting. This practice was declared illegal in India in 2019.)

Lucknow (Uttar Pradesh) – The Allahabad High Court has refused to quash criminal proceedings against nine persons in a case involving allegations of sexual exploitation through the practices of triple talaq and ‘nikah halala’. The Court observed that personal (religious) laws cannot be invoked to shield criminal acts. The observation was made while dismissing petitions filed by the woman’s former husband, a maulana, relatives and other accused. The case pertains to Amroha district in Uttar Pradesh, where a woman alleged that she was repeatedly subjected to sexual exploitation in the name of child marriage, divorce, nikah halala and remarriage.

The High Court stated that the allegations disclose extremely serious facts which, prima facie, appear to be contrary to law. It observed that the practices allegedly followed in this case represent a “dark chapter” of society and are incompatible with constitutional values, equality and human dignity. The Court further stated that these acts are not merely crimes committed under the guise of law, but are also an affront to society’s collective conscience. Personal laws cannot be used as a shield to conceal criminal offences.

What is the case about ?

The complainant was allegedly around 15 years old in April 2015 when she was forced to marry a man named Azhar Nawaz. After Azhar allegedly pronounced triple talaq in January 2016, she was forced in 2017 to undergo nikah halala with Maulana Qayyum before she could remarry Azhar. After another divorce in 2021, Azhar expressed his desire to reunite with her. His brother, Shahnawaz Chaudhary, and relative Hakim Nishat allegedly told the victim that since she had been divorced twice, she would have to undergo nikah halala twice before she could remarry Azhar. In the name of this practice, Shahnawaz and Nishat allegedly raped the victim in February 2025 and threatened to kill her and her daughter if she resisted.