The Lucknow bench of Army Tribunal today has rejected the plea by a Jawan on ‘triple talaq’ through ex parte proceedings and has commented that no person in the shadow of personal law could go against the Constitution that protected woman of every religion.
The court was judging on a petition filed by a jawan Farooq Khan, who had submitted to the court that after giving oral talaq and filing for divorce, he was not bound to pay maintenance to his estranged wife Asrey Jahan.
The Tribunals has said, “Personal law or the Constitution did not allow any husband to end the wedding orally, by notice, or by ex-parte decisions.”
“The maintenance along with the arrears should be paid within three months,” further added the tribunal.
Farooq and Asrey got married in 2009 and within two years their relationship got disturbed. After giving ‘talaq’ orally Farooq took divorce through an ex parte notice in 2011.
“Nikah is based on offer and acceptance between man and woman. Unless both agree, there cannot be any nikah. Marriage is a contract... it cannot be rescinded unilaterally,” said the tribunal.
By Prajakt K.
