Lucknow, October 22: A Muzaffarnagar woman has alleged that she was given triple talaq on a video call and forced to sleep with her brother-in-law under the Islamic practice of nikah halala. The woman also claimed that her husband had sexually assaulted her after giving triple talaq and the police refused to register her complaint.
Narrating her ordeal, Nusrat Jahan said that her husband had first given her triple talaq and sexually assaulted her. After that, she was forced to marry her brother-in-law and consummate the marriage as part of nikah halala. The Supreme Court, last year, had declared triple talaq unconstitutional by 3:2 majority. The practice is now a non-bailable offence.
"My husband gave me triple talaq on a video call. On returning, my husband sexually assaulted me and asked me to perform nikah halala with my brother-in-law, which I refused," Nusrat Jahan told news agency ANI. She added that the police did not register her complaint. Muzaffarnagar SSP Sudhir Kumar, however, denied the allegation and said they had not received any complaint. Nikah Halala Horror in Uttar Pradesh: Divorced Woman Forced to Sleep With Father-in-law Who Raped Her.
Under nikah halala, if a Muslim woman after being divorced by her husband three times at different instances wants to go back to him, then she has to marry another person and then divorce the second husband to get re-married to her first husband. The Supreme Court is yet to pronounce its judgment on petitions challenging the constitutional validity of nikah halala.
Muslim Women (Protection of Rights on Marriage) Bill, 2017 or Triple Talaq Bill
"Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or any other manner whatsoever, shall be void and illegal," says the clause 3 of the Triple Talaq Bill. As per the Bill, a Muslim man who is accused of giving triple talaq to his wife can be arrested without an arrest warrant. A man who pronounces triple talaq shall be punished with a three-year jail term and a fine.
The Triple Talaq Bill allows triple talaq victims to seek subsistence allowance from her husband for herself and her dependent children. A First Class Magistrate will decide the amount of the allowance. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue. Only the victim, blood relation or relation by marriage are allowed to lodge FIR in the case.