The Madhya Pradesh High Court recently said that the Uniform Civil Code (UCC) must not remain on paper alone and needs to become a reality..Justice Anil Verma said that there are many depreciating, fundamentalist, superstitious and ultra-conservative practices in the society which are clothed in the name of faith and belief.“Though the Constitution of India already encapsulates Article 44 that advocates a uniform civil code for the citizens, yet the same needs to become a reality not just on paper. A well-drafted uniform civil code could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation,” the Court said..It made the observations in its judgement on a petition seeking quashing of an FIR registered against the accused under Section 498A of Indian Penal Code and provisions of Dowry Prohibition Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019.The complainant had accused her husband, mother-in-law and sister-in-law of harassment for dowry. She also alleged that she was beaten up by the accused and her husband had uttered ‘talaq’ thrice.The mother-in-law and sister-in-law challenged the FIR on the ground of jurisdiction and also argued that provision on pronouncement of talaq by husband is applicable only against him and not against the in-laws..The Court agreed that provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 cannot be invoked against the mother-in-law and sister-in-law and accordingly quashed the offence of Section 4 (Punishment for pronouncing talaq) against them.However, the Court said the defence related to allegations of mental and physical harassment would have to be considered during trial.“In view of the prima facie evidence available on record against the petitioners, this Court is of the considered opinion that this petition under Section 482 of Cr.P.C. deserves to be partly allowed only in respect of the offence under Section 4 of the Act of 2019. But in view of the prima facie evidence available on record, it is not a fit case where this Court can exercise the power conferred under Section 482 of Cr.P.C. to quash all other offences registered against the petitioners,” it ordered..Before parting with the decision, the Court made observations regarding triple talaq while calling it a serious issue. “Talaq is a word used in Muslim personal Law for divorce, denoting dissolution of marriage, when a Muslim man severs all marital ties with his wife. Under the Muslim law, Triple Talaq simply means liberty from the relationship of marriage in instant and irrevocable, where the man, by simply uttering the word ‘talaq thrice, is able to end his marriage. This kind of instantaneous divorce is called Triple Talaq, also known as ‘talaq-e-biddat.’’ It is obvious that in Talaq-e-Biddat or triple talaq, the marriage could be broken within seconds and the clocks cannot be turned back. Unfortunately this right lies only with the husband and even the husband wants to correct his mistake it is the women who has to face the atrocities of nikah halala,” the judge said..The Court added that though the practice of triple talaq had already been declared illegal by the Supreme Court in Shayara Bano vs Union of India, the law against it was passed in 2019.“It is definitely a great move towards equality and social amendments. It took many years for the Law makers to realise that triple talaq is unconstitutional and bad for society. We should now realise the need for a “Uniform Civil Code” in our country,” the judge said. Advocate Sudhanshu Vyas represented the petitioners.Advocate Amay Bajaj represented the State. .[Read Judgment]
The Madhya Pradesh High Court recently said that the Uniform Civil Code (UCC) must not remain on paper alone and needs to become a reality..Justice Anil Verma said that there are many depreciating, fundamentalist, superstitious and ultra-conservative practices in the society which are clothed in the name of faith and belief.“Though the Constitution of India already encapsulates Article 44 that advocates a uniform civil code for the citizens, yet the same needs to become a reality not just on paper. A well-drafted uniform civil code could serve as a check on such superstitious and evil practices and would strengthen the integrity of the nation,” the Court said..It made the observations in its judgement on a petition seeking quashing of an FIR registered against the accused under Section 498A of Indian Penal Code and provisions of Dowry Prohibition Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019.The complainant had accused her husband, mother-in-law and sister-in-law of harassment for dowry. She also alleged that she was beaten up by the accused and her husband had uttered ‘talaq’ thrice.The mother-in-law and sister-in-law challenged the FIR on the ground of jurisdiction and also argued that provision on pronouncement of talaq by husband is applicable only against him and not against the in-laws..The Court agreed that provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 cannot be invoked against the mother-in-law and sister-in-law and accordingly quashed the offence of Section 4 (Punishment for pronouncing talaq) against them.However, the Court said the defence related to allegations of mental and physical harassment would have to be considered during trial.“In view of the prima facie evidence available on record against the petitioners, this Court is of the considered opinion that this petition under Section 482 of Cr.P.C. deserves to be partly allowed only in respect of the offence under Section 4 of the Act of 2019. But in view of the prima facie evidence available on record, it is not a fit case where this Court can exercise the power conferred under Section 482 of Cr.P.C. to quash all other offences registered against the petitioners,” it ordered..Before parting with the decision, the Court made observations regarding triple talaq while calling it a serious issue. “Talaq is a word used in Muslim personal Law for divorce, denoting dissolution of marriage, when a Muslim man severs all marital ties with his wife. Under the Muslim law, Triple Talaq simply means liberty from the relationship of marriage in instant and irrevocable, where the man, by simply uttering the word ‘talaq thrice, is able to end his marriage. This kind of instantaneous divorce is called Triple Talaq, also known as ‘talaq-e-biddat.’’ It is obvious that in Talaq-e-Biddat or triple talaq, the marriage could be broken within seconds and the clocks cannot be turned back. Unfortunately this right lies only with the husband and even the husband wants to correct his mistake it is the women who has to face the atrocities of nikah halala,” the judge said..The Court added that though the practice of triple talaq had already been declared illegal by the Supreme Court in Shayara Bano vs Union of India, the law against it was passed in 2019.“It is definitely a great move towards equality and social amendments. It took many years for the Law makers to realise that triple talaq is unconstitutional and bad for society. We should now realise the need for a “Uniform Civil Code” in our country,” the judge said. Advocate Sudhanshu Vyas represented the petitioners.Advocate Amay Bajaj represented the State. .[Read Judgment]
