LUCKNOW: In a major victory for Nida Khan, a petitioner in one of several triple talaq cases, a Bareilly court on Wednesday declared the instant divorce given by her husband as invalid.
The court also rejected the petition filed by her husband who had sought a stay on the domestic violence case filed against him by Nida Khan. During a hearing in the matter, the court categorically rejected the petition filed Nida Khan's husband Sheeran.
Court also posted the matter for hearing on July 27.
Bareilly Court rejected petition of triple talaq victim Nida Khan's husband Sheeran. He had filed a petition seeking staying of domestic violence case against him. Court also declared triple talaq given by him as invalid. Next date of hearing is July 27
— ANI UP (@ANINewsUP) July 18, 2018
The court also ordered the authorities to probe the domestic violence case against Sheeren and his family members for allegedly harassing and torturing Nida Khan.
Nida Khan, who is associated with the prestigious Dargah-e-Ala Hazrat of Bareilly, had grabbed headlines when she approached the Supreme court and challenged the triple talaq given to her by her husband.
Narrating her ordeal, Nida alleged that she was forced to sleep, consummate marriage with her father-in-law and brother-in-law, under the Islamic practice of 'Nikah Halala', so that her husband could marry her again.
Nida Khan had last year written to Uttar Pradesh Chief Minister Yogi Adityanath urging him to abolish the 'evil' Islamic practice to dissolve the marriages solemnised as per the Sharia law.
Nida Khan was married to Usman Raza Khan alias Anzu Miyan Sheeran of Dargah-e-Ala Hazrat family in 2015 but was divorced in 2016. Since then, she has been fighting for the rights of Muslim women.
Despite her husband being a member of a prominent family of clerics, she contested the matter in civil court and won.
Nida Khan runs an NGO to support women in Bareilly who, like her, have been divorced by their husbands by simply uttering the word “talaq” three times.
Nida Khan's case came as a major shot in the arm for the BJP and Prime Minister Narendra Modi also spoke out against “triple talaq” on a number of occasions.
Last summer, the Supreme Court banned the concept of instant divorce as “unconstitutional”.
The Centre also introduced a law under which Muslim men could be jailed for up to ten years who give instant divorce to their wives.
Despite the hue and cry over ''triple talaq'' and ''nikah halala'', the two still remain prevalent among the Muslim communities that follow the Hanafi Islamic School of Law, who argue that “triple talaq” exists in the Quran and is permissible as part of Shariah.
The issue has gained spotlight again as the Supreme Court is set to give its opinion about “nikah halala”, which dictates that a man and woman divorced by “triple talaq” can only remarry if she first marries a second man, consummates the new marriage, and then seeks a new divorce.
Khan’s campaigning against both evil practices has irked several Muslim clerics who have issued fatwas ordered a social boycott of Khan unless she “apologise” for her remarks.
“No medicines will be provided if she falls ill. If she dies, no one is allowed to offer ‘namaz’ on her ‘zanaja’ (funeral procession). She cannot be buried in kabristan (graveyard) after her death,” Shahar Imam Mufti Khurshid Alam of Bareilly Jama Masjid said.
“Nida wants an amendment in Shariah while Islamic laws were made by Allah. As Nida has been giving statements against Quran and Hadith, she is dismissed from Islam,” he added.
On her part, Khan has remained undeterred. She claimed that she has the support of “thousands of women”.
“India is a democratic country,” she said. adding “No one can ostracise me from Islam. Only Allah can decide who is guilty.”