"Women of every religion are protected by the Constitution of India and no person has the right to go against the constitutional spirit in the shadow of personal law," the AFT order said.
In an order which could well serve as a precedent for dealing with triple talaq cases in the armed forces, the Lucknow bench of the Armed Forces Tribunal (AFT) has ruled that declaration of oral triple talaq is unconstitutional. However, some legal experts opine otherwise saying personal law is not open to judicial review.
"Women of every religion are protected by the Constitution of India and no person has the right to go against the constitutional spirit in the shadow of personal law," the AFT order said.
But, senior lawyer and UP's additional advocate general Zafaryab Jilani is livid. "This order has no legal standing and will be struck off by the appellate court. Muslim Personal Law is derived from the Holy Quran and courts cannot sit in judgment over its edicts."
The order can be challenged only in the Supreme Court now. Interestingly, the apex court is already dealing with a much-publicised case over the vexatious issue.
With this ruling, the AFT has declined to grant any relief to the applicant (an army man), rejecting his original application against payment of maintenance to his wife allegedly divorced under the Muslim Personal Law. The AFT said his wife was entitled to payment of maintenance as per the order passed by the Army along with arrears of maintenance. The tribunal directed the Army authorities to enforce the order.
A Lance Naik / tailor in the Army Mohammad Faroor alias Farooq Khan of Bareilly district of Uttar Pradesh had filed the application in 2012 as he was aggrieved with the order for payment of maintenance to his wife, divorced under Muslim Personal Law.
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