A family court in Bareilly had passed a decree in March in favour of Mohammad Farooq alias Farooq Khan and held that by pronouncing talaq thrice, the husband had divorced his wife, Arsey Jahan.
Allahabad: The Allahabad High Court quashed a decree of divorce based on instant triple talaq,
setting aside a family court order.
A family court in Bareilly had passed a decree in March in favour of Mohammad Farooq alias Farooq Khan and held that by pronouncing talaq thrice, the husband had divorced his wife, Arsey Jahan.
The High Court bench, comprising Justice Arun Tandon and Justice Rajiv Joshi, passed the order, allowing an appeal filed by Jahan in which she challenged the family court’s judgement.
The bench while setting aside the decree of divorce stated that instant tripal talaq has already been deemed illegal by the Supreme Court in the case of Shayara Bano.
According to the facts of the case, Farooq married Arsey Jahan in 2009. He was employed in the Indian Army.
While he was on duty, his wife lodged an FIR against him and his family, alleging dowry harassment.
She also stated that she was not ready to live with her husband.
On August 17, 2011, Farooq divorced his wife by pronouncing talaq thrice in the presence of two witnesses, which was later communicated to her by a registered letter.
The husband filed a case before family court seeking a declaration be issued that he has divorced his wife, Arsey said.
She then filed her plea in the High Court.
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