Allahabad High Court Stays Proceedings In Triple Talaq Case Involving Shia Muslims, Issues Notice To Opposite Party

Prayagraj: The Allahabad High Court has stayed further proceedings against applicants, who were accused in a triple talaq case, and issued notice to the opposite party.

Justice Vikram D Chauhan was hearing a petition filed by Shahid Raza and two others who have sought quashing of the entire proceedings and impugning of chargesheet dated June 22, 2024, along with the impugning of summoning order dated July 10, 2025 by the additional chief judicial magistrate in the case.

The counsel for petitioners submitted that the applicants are Muslims belonging to Shia community, which do not practice triple talaq, or talaq-e-biddat, as defined under Section 2(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

He submitted that as per the FIR, the applicant Shahid Raza gave triple talaq to his wife (opposite party no 2).

He argued that Indian Muslims fall into two main sects: Sunnis and Shias. This case pertains only to Sunnis, as Shias do not recognise triple talaq as an acceptable form of separation.

The court, in its order dated September 18, said, "The matter requires consideration. Let's issue notice to opposite party no 2 and list this case on December 12, 2025. Opposite parties may file a counter affidavit within three weeks. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed against the applicants."

An FIR was lodged in the matter against the accused in 2024 at Naugawan Sadat police station in Amroha district under sections of the Indian Penal Code and Muslim Women (Protection of Rights on Marriage) Act, 2019.

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