NEW DELHI -- Reacting strongly on the burning issue of triple talaq, the Allahabad High Court on Tuesday said that a marriage is considered a contract, and thus women's rights cannot be exploited because of her gender alone.
"A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights," the court said.
The HC added that a marriage is considered a contract, and hence cannot be cancelled or forfeited by the wishes of the husband alone. Both the parties have to be involved in the decision, they said.
The court also said that personal law may be applicable only within the purview of the Constitution, adding that fatwa, which is contrary to the justice system, is not valid.
"No fatwa can be contrary to someone's rights," the court said.
In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice as "unconstitutional".
The court further observed that the triple talaq practice sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women.
"Triple talaq is unconstitutional, it violates the rights of Muslim women," ruled the High Court, adding that no personal law board is above the Constitution.
Earlier on March 30 this year, the Supreme Court referred the triple talaq issue to a Constitution bench, which will hear the matter on May 11.
A five-member bench will be constituted by the top court to hear the matter.
The apex court will be hearing a clutch of petitions demanding a ban on the triple talaq practice.
Earlier, the All India Muslim Personal Law Board (AIMPLB) said that pleas challenging the practices of triple talaq, were not maintainable as the issues fell outside the realm of the secular judiciary.
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