 "Triple talaq is cruel, says Allahabad High Court")
Observing that the judicial conscience is disturbed, the Allahabad High Court has held that triple talaq is "cruel" and raised a question whether the Muslim Personal law could be changed to ease the suffering of Muhammadan women.
Coming down heavily on the practice, the court has held that this form of "instant divorce" is "most demeaning" which "impedes and drags India from becoming a nation".
"The question which disturbs the court is — should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be changed suitably to ease their sufferings? The judicial conscience is disturbed at this monstrosity," a single-judge bench of Suneet Kumar said last month.
"Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife's right to divorce," he said.
"The purpose of law in a modern, secular state.... is to bring about social change. The Muslim community comprises a large percentage of Indian population, therefore, a large section of citizens, in particular women, cannot be left to be governed by archaic customs and social practice under the garb of personal law purportedly having divine sanction", the court observed.