The Lucknow bench of Armed Forces Tribunal has ruled that declaration of verbal triple talaq by ex parte proceedings, action or otherwise may not be enforced by government or courts, saying it is contrary to Constitutional ethos, particularly part lll of the Constitution.
It said that "women of every religion of the country are protected by Constitution of India and no person has the right to go against the constitutional spirit in the shadow of personal law".
The Tribunal declined to grant any relief to an army man rejecting his original application against payment of maintenance to his wife allegdly divorced under Muslim Personnel Law.
The Tribunal said that the original application did not seem to have merit and did not call for any interference and his wife is entitled to payment of maintenance in terms of order passed by the army along with arrears of maintenance, in case not already paid, within three months and shall continue to be paid the same till the army order survives.
It directed the army to enforce the order in an appropriate manner, deciding the original application accordingly.
A division bench of justice Devi Prasad Singh (judicial member) and Air Marshal Anil Chopra (administrative member) delivered the 119-page reserved judgement on May 25 on an original application of Lance Naik/Tailor of the army Mohammad Faroor alias Farooq Khan of Bareilly district of Uttar Pradesh
He had preferred the application in 2012 being aggrieved by the order of payment of maintenance to his wife allegedly divorced under Muslim Personnel Law.
In the case, divorce took place by ex parte action of the husband through a notice dated 17.08.2011 with the claim that in view of divorce notice, government of India/army authorities had no right to grant maintenance to his wife as the marriage had been dissolved.