A Muslim woman has accused her father-in-law of repeatedly raping her at gunpoint and alleged that her husband later pronounced triple talaq over a phone call, leading to a police case against five members of her in-laws’ family.
The complainant, a resident of Lucknow, got married in 2023 and was living with her husband’s family in Bahraich district. According to her complaint, her husband frequently stayed away from home for work.
She alleged that during his absence, her father-in-law sexually assaulted her multiple times and threatened her with a country-made pistol to stop her from speaking about the incidents. She claimed the latest assault took place on January 24.
The woman further alleged that when she raised an alarm, her mother-in-law, sister-in-law and brother-in-law assaulted her instead of helping her.
Unable to bear the situation, she returned to her parental home. She alleged that after she left, her husband called her and pronounced triple talaq over the phone.
Based on her complaint, police have registered a case against the husband, father-in-law, mother-in-law, brother-in-law and sister-in-law under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) and the Muslim Women (Protection of Rights on Marriage) Act, 2019, commonly known as the anti-triple talaq law.
The law, enacted in 2019, makes instant triple talaq a criminal offence punishable with imprisonment of up to three years and a fine.
During questioning, the husband denied the allegations. According to police, he claimed that the couple had marital disputes and alleged that his wife was involved in a relationship with another person.
Rupaideha Station House Officer (SHO) Ramesh Kumar Rawat said the allegations and counter-allegations are being examined.
“The matter is under investigation. Further action will be taken based on the facts that emerge during the probe,” he said.
Police said no arrests have been made so far. Further action will be taken based on the findings of the ongoing investigation.
The practice of triple talaq refers to a Muslim husband divorcing his wife by pronouncing the word “talaq” three times. Traditionally, Islamic jurisprudence recognises different forms of divorce. Talaq-e-Ahsan is considered the most accepted form, where a single pronouncement is followed by a waiting period (iddat), allowing room for reconciliation. Talaq-e-Hasan involves three pronouncements made over separate periods, again providing opportunities for reconciliation. Talaq-e-Biddat, commonly known as instant triple talaq, involves pronouncing “talaq” three times at once, orally, in writing, or through electronic communication, resulting in immediate divorce.
In August 2017, the Supreme Court declared instant triple talaq unconstitutional in the landmark Shayara Bano vs Union of India case.
Subsequently, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, making the practice a criminal offence. Under the law, a Muslim husband who pronounces instant triple talaq can face imprisonment of up to three years along with a fine. The law was introduced to protect the rights of Muslim women and provide legal remedies against unilateral instant divorce.
