Triple talaq unconstitutional: Allahabad HC

The Allahabad High Court on Thursday said that triple talaq is unconstitutional and it violates the rights of Muslim women.
In an apparent reference to the All India Muslim Personal Law Board (AIMPLB) the high court bench said that "no personal law board is above the Constitution". 

Earlier in August, the Supreme Court took on board a petition by a West Bengal-based Muslim woman to declare the practices of triple talaq, ''nikah halala'' and polygamy under the Muslim personal laws illegal and unconstitutional.

The SC bench comprising of CJI TS Thakur and J AM Khanwilkar and J DY Chandrachud had issued notice to Ministries of Women and Child Development, Law and Justice, Minority Affairs, the National Commission for Women, police chiefs of Bihar and West Bengal and the woman's husband, Murtuza Ansari.

Reacting to the Allahabad High Court judgement, Union Minister M Venkaiah Naidu said, "Constitution is supreme and above religion. Allahabad Court's decision should be hailed."

The central government has also told the apex court that triple talaq is against gender justice, equality and the Constitution.

The practice of triple talaq is sanctioned under Muslim personal law that governs marriage, property and divorce. Broadly, triple talaqs are of two types: first, in which a husband can utter triple talaq in one sitting in the presence of two witnesses; second, the husband can decide to give talaq in monthly instalments.

The AIMPLB is likely to challenge the Allahabad High Court decision.