In a significant legal development, the Allahabad High Court has temporarily halted all ongoing proceedings against applicants accused in a Triple Talaq case. The court has also issued a notice to the opposing party for further consideration.
Justice Vikram D. Chauhan presided over a petition filed by Shahid Raza and two other individuals. They sought the complete annulment of the legal proceedings, including a chargesheet dated June 22, 2024, and a summoning order from July 10, 2025, issued by the additional chief judicial magistrate.
The petitioners’ legal representative presented a crucial argument: the applicants are members of the Shia Muslim community. This distinction is vital because, unlike Sunni Muslims, the Shia community does not practice ‘Triple Talaq’ or ‘talaq-e-biddat’, as explicitly defined under Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This fundamental difference in religious practice forms the core of their defense.
The initial First Information Report (FIR) alleged that applicant Shahid Raza had given Triple Talaq to his wife, who is identified as the second opposite party in the case.
In its order dated September 18, the court acknowledged that the matter warranted detailed examination, stating, “The matter requires consideration.” Consequently, it directed the issuance of a notice to the second opposite party and scheduled the next hearing for December 12, 2025. The court further instructed the opposite parties to submit a counter-affidavit within three weeks. Most importantly, the court mandated that all further proceedings against the applicants would remain suspended until the next listing date.
The original FIR against the accused was lodged in 2024 at the Naugawan Sadat police station in Amroha district, with charges filed under relevant sections of the Indian Penal Code and the Muslim Women (Protection of Rights on Marriage) Act, 2019.