Military tribunal cites statute, rejects jawan’s triple talaq plea

LUCKNOW: The Lucknow bench of the Armed Forces Tribunal has rejected the ‘triple talaq’ by an Army jawan through ex parte proceedings, and said no person in the shadow of personal law could go against the Constitution that protected women of every religion in the country.
The tribunal said that personal law or the Constitution did not allow any husband to end the wedding orally, by notice, or by ex-parte decisions.It rejected the petition of jawan Farooq Khan, who had pleaded that after giving oral ‘talaq’ and filing for divorce, he was not bound to pay maintenance to his estranged wife Asrey Jahan.
The tribunal said that maintenance along with the arrears should be paid within three months. Farooq and Asrey got married in 2009. Within two years, their relationship turned sour. After pronouncing ‘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 it cannot be rescinded unilaterally,” the tribunal said.
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