Allahabad HC Stays Proceedings Against Triple Talaq Accused

Allahabad High Court

The Allahabad High Court has stayed criminal proceedings against 3 men accused in a triple talaq case, granting time for deeper judicial scrutiny of the matter.

The interim relief came in response to a plea filed by Shahid Raza and 2 others, who challenged the case registered against them.

Petitioners Cite Shia–Sunni Difference

The petitioners argued that, as members of the Shia community, they do not follow the practice of triple talaq (talaq-e-biddat), which is primarily associated with Sunni personal law. They contended that the Muslim Women (Protection of Rights on Marriage) Act, 2019, under which the FIR was filed, should not apply to them.

According to their submission, the Shia school of thought does not recognise instant divorce as a valid dissolution of marriage. Hence, prosecution under the triple talaq law, they argued, would be unjustified.

Court Recognises Complexity

Hearing the plea, Justice Vikram D Chauhan noted the need to examine the matter more thoroughly given the religious and legal distinctions raised. The Court directed the opposite party to file a counter-affidavit by December 12, 2025, to place their stand on record.

Until then, the Court ordered that proceedings against the accused will remain on hold, effectively shielding them from immediate prosecution.

Case Background

The controversy stems from an FIR registered in 2024, in which the accused were charged under provisions of the 2019 Act along with other relevant sections of law. The complainant alleged that the men attempted to dissolve a marriage through triple talaq, prompting the criminal case.

However, the defence insists that the very basis of the FIR is flawed because of the sectarian difference between Shia and Sunni interpretations of Islamic law.