Woman files petition against nikah halala, polygamy

[India], Jan 31: A triple talaq victim from Mumbai’s Nalasopara has filed a writ petition in the Bombay High Court, seeking abolition of the practice of triple talaq, nikah halala and polygamy in the Muslim community.

As per the petition, the woman was married to a Bandra resident in 2009 and two months after their marriage, the woman’s in-laws started harassing her.

The petitioner even said that the father-in-law tried to molest her and take sexual advances on many occasions.

In 2012, the victim’s husband gave her talaq, through a draft of Rs 2000.

The victim filed a plea for maintenance under section 125 of the Code of Criminal Procedure (CrPC) in family court, which ordered her husband to give a monthly maintenance of Rs. 4000.

At the same time, the victim’s husband married again and now he is forcing her to perform Nikah Halala as per Shariat so that he don’t have to pay maintenance to her.

The petition asked to declare the section 2 of the Muslim Personal Law (Shariat) application act 1937 as unconstitutional and violation of the fundamental rights under sections 14, 15, 21 and 25 of the Indian constitution.

It also asked the court to make Triple Talaq and Nikah Halala punishable offences under various sections of the India Penal Code (IPC). 

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