Allahabad High Court Stays Proceedings in Triple Talaq Case Against Shia Man

The bench of Justice Vikram D. Chauhan was hearing an application filed by Shahid Raza and two others seeking quashing of the chargesheet and summoning order issued by an Amroha court.

An FIR was lodged in 2024 at Naugawan Sadat police station in Amroha, where the wife of applicant Shahid Raza accused him of giving her instant divorce through triple talaq, besides alleging harassment and intimidation.

Based on the complaint, the police had filed a chargesheet under Sections 323, 504, and 506 of the Indian Penal Code, dealing with assault, insult, and criminal intimidation, along with Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises the practice of triple talaq. The Additional Chief Judicial Magistrate, Amroha, took cognizance of the case on July 10, 2025, and summoned the applicants.

Challenging this order, counsel for the applicants argued before the high court that their prosecution under the 2019 law was untenable since they belong to the Shia community, where triple talaq, also referred to as talaq-e-biddat, is not considered a valid form of divorce.

The counsel submitted that the allegations in the FIR, even if taken at face value, could not attract the provisions of the 2019 Act.

In support of their claim, the applicants relied on the Supreme Court’s observations in its 2017 verdict delivered in Suo Motu Writ (Civil) No. 2 of 2015: Muslim Women’s Quest for Equality vs. Jamiat Ulama-i-Hind. In that case, the apex court had explicitly noted that while the practice of triple talaq existed among Sunnis, it was not recognised within the Shia sect.

The applicants maintained that the FIR was therefore legally baseless as far as the charge of triple talaq was concerned.

The high court, after hearing submissions from both sides, observed that the matter required consideration and issued notice to the wife, who is arrayed as opposite party no. 2 in the case. Court directed her to file a counter affidavit within three weeks.

Listing the matter for December 12, 2025, the high court further ordered that all proceedings in the trial court against the applicants shall remain stayed until the next date of hearing.