In CIVIL REVISION PETITION No.2477 of 2019-AP HC- Triple Talaq is considered to be illegal as well as unconstitutional & such declaration of law is retrospective in nature, clarifies Andhra Pradesh HC
Justice V.R.K.Krupa Sagar [05-01-2023]

Read Order : SHAIK JAREENA v. SHAIK DARIYAVALI 

LE Correspondent

Amaravati, January 11, 2023: The Andhra Pradesh High Court has rejected the view of the Trial Court whereby it was held that the ratio of the Supreme Court in Shayara Banu v. Union of India declaring Triple Talaq as illegal, will not be applicable retrospectively.

“Where on a reading of the entire plaint if the Court finds that the facts on which a right is claimed and a relief is prayed if barred by law such a plaint cannot be put for trial and it has to be rejected,” Justice Dr. V.R.K.Krupa Sagar held while noting that the law declared by the Supreme Court of India is law and it binds on all the Courts.

The parties got married in 1999, were blessed with two sons and a daughter and they are governed by Mohammedan Law and belong to Sunni Sect. Nearly 17 years after marriage, the husband had filed the suit before the  Principal Junior Civil Judge. The substance of his claim was that wife left him in the year 2012 and his attempts to bring reconciliation did not materialize.

It was stated that the husband eventually pronounced Talaq thrice and informed the same to the wife through a letter which was served on the wife and he also sent a cheque for an amount of Rs.9,000 towards iddat amount. He had also informed the pronouncement of Talaqnama to the Anjuman Committee and served a copy of it on that Committee and the wife after a slumber of six months, issued a reply notice.

The defendant before the Trial Court filed this civil revision petition under Article 227 of the Constitution of India questioning the correctness of order of the Principal Junior Civil Judge. The revision petitioner is wife and respondent is her husband. 

The respondent-husband filed suit for declaration that the marriage between them was dissolved. The wife filed an application under Order VII Rule 11 and Section 151 C.P.C. seeking for rejection of the plaint and the Trial Court declined it. Therefore, the wife was aggrieved and had come up with this revision.

The Bench, at the outset, noted that  Triple Talaq or Talaq-E-Biddat or any other similar form of Talaq having the effect of instantaneous and irrevocable divorce pronounced by Muslim husband is dealt with in Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

On the point of Triple Talaq, the Bench referred to the judgment of the Apex Court in Shayara Banu’s case (supra) whereby Triple Talaq was declared illegal and unconstitutional.

“Triple Talaq is held against law and is considered to be unconstitutional and the statutory base for application of persona laws, which allow Triple Talaq, were held unconstitutional. Such declaration of law being retrospective in nature applies to the plaint in the present case where the Triple Talaq was claimed to have been pronounced by the husband on 08.04.2016”, the Bench held.

Allowing the Revision Petition, the Bench held that the order of the Trial Court was unsupportable and against law.