The Allahabad High Court stayed all further proceedings against applicants accused in a triple talaq matter and issued notice to the opposite party, signaling careful judicial scrutiny in the case. The bench of Justice Vikram D. Chauhan was hearing a petition filed by Shahid Raza and two others, seeking to quash the entire proceedings, including the chargesheet dated June 22, 2024, and the summoning order dated July 10, 2025, issued by the Additional Chief Judicial Magistrate.
The petitioners, members of the Shia Muslim community, contended that the charges framed against them under the Muslim Women (Protection of Rights on Marriage) Act, 2019, were legally misplaced. According to the FIR, Shahid Raza allegedly gave triple talaq to his wife, identified as opposite party no. 2. The counsel emphasized that the Shia sect does not recognize talaq-e-biddat (triple talaq) as a valid mode of divorce, unlike the Sunni community, and thus the proceedings were based on a misapprehension of applicable personal law.
The petitioners’ counsel argued that the FIR and subsequent legal action pertained to a practice not followed by Shia Muslims. He highlighted the distinction between Sunni and Shia interpretations of personal law, asserting that the case’s foundation was incorrect in applying Section 2(c) of the 2019 Act to members of the Shia community.
The Court, after considering the submissions, remarked, “The matter requires consideration. Let notice be issued to opposite party no. 2, and the case be listed on December 12, 2025. The opposite parties may file a counter affidavit within three weeks. Till the next date of listing, all proceedings in the aforesaid case shall remain stayed against the applicants.”
In light of the petitioners’ submissions and pending judicial review, the High Court granted an interim stay on all proceedings, directing the opposite party to respond within the specified timeline. The case, which originated from an FIR lodged in 2024 at Naugawan Sadat Police Station in Amroha district under the Indian Penal Code and the Muslim Women (Protection of Rights on Marriage) Act, 2019, will be heard afresh on the next scheduled date.
Source PTI
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