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Allahabad HC says triple talaq not sustainable

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Allahabad HC says triple talaq not sustainable

[vc_row][vc_column][vc_column_text]Justice Surya Prakash Kesarwani said rights of a citizen cannot be overrun under the guise of personal law

Agencies and APN correspondent

The practice of triple talaq (divorce) in one sitting is unsustainable and bad in law because Muslim marriages are contracts that cannot be ended unilaterally by the husband, the Allahabad High Court observed on Tuesday.

The observations were made by Justice Surya Prakash Kesarwani in Aqeel Jameel v/s Sumalia, residents of Varanasi. The woman is pursuing criminal charges against her husband for allegedly torturing her for dowry and divorcing her when she refused to pay. Aqeel claimed that he had already given talaq and possesses a fatwa issued by the Darul Ifta at Jama Masjid in Agra.

The case hearing ended on April 19 and the copy of the judgment was made public on Tuesday. The court dismissed Aqeel’s plea to drop criminal proceedings against him.

The court observed that the practice of triple talaq was illegal and said that no personal law can overrule the country’s Constitution. The basic rights of Muslim women provided under Articles 14, 15 and 21of the Constitution can’t be violated under the guise of Muslim Personal Law. Any society where women were not given respect can’t be considered civilised, the order said.  Human rights can’t be violated on the basis of gender. A Muslim man cannot divorce violating the law of equality and basic individual rights. Any fatwa, against the judicial system of the country cannot be considered legal, the court observed.

The High Court also justified the summons issued by Additional Civil Judicial Magistrate (ACJM) Varanasi against Aqeel Jameel and observed that it was prima facie a case of criminal nature.

The practice of triple talaq under which a man can divorce his wife by saying the word “talaq” thrice has attracted national attention after several victim women approached the Supreme Court against the custom. The Central government has opposed triple talaq in the Supreme Court saying it was unconstitutional because it was based on gender bias.

A five-judge Supreme Court bench will start hearing the petitions demanding scrapping of triple talaq from May 11, giving up its two-month summer break for the first time.[/vc_column_text][/vc_column][/vc_row]

2024 Lok Sabha Elections

PM Modi says Congress leaders consider themselves above Lord Ram

PM Modi slammed Congress during a rally in Chhattisgarh, ahead of the Lok Sabha elections 2024

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Prime Minister Narendra Modi slammed the Congress party for declining to attend the pran pratishtha ritual at the Ayodhya Ram temple on January 22 this year.

The prime minister said Congress leaders consider themselves above Lord Ram and denied invitation for Pran Pratishtha at Ram Temple, while speaking at a rally in Janjgir-Champa, Chhattisgarh. The PM question the people present at the rally that is it not a disrespect of Mata Shabri? Congress leaders inclination toward appeasement politics runs in their family.

For political appeasement, they won’t think twice about stealing the rights of Adivasis, the poor, and Dalits. Poor, young, and women are BJP’s top priorities, Modi said.

PM Modi criticized the Congress again during the rally for claiming that the BJP would alter the constitution.

The leaders of Congress recite the same old phrases whenever an election is about to happen, the PM said. He also said they claim that if the BJP wins power, it will renounce the constitution and abolish reservations. For how long will you continue selling lies?” he asked.

The prime minister continued saying that nobody can change the Constitution, even if Dr. Babasaheb Ambedkar were to come and insist on it, it wouldn’t happen.

Those in the Congress threaten to break Modi’s head. Nobody can harm Modi as long as the mothers and sisters of this county stands by him. These mothers and sisters are Raksha Kavach, Modi remarked.

The prime minister further attacked the Congress after Viriato Fernandes, the party’s candidate for South Goa, asserted that Goa was forced to adopt the Indian Constitution.

Referring to his conversation with Congress leader Rahul Gandhi ahead of the 2019 Lok Sabha elections, Fernandes said he had told him, when Goa was liberated in the year 1961, the Indian Constitution was forced upon us.

The prime minister said, Congress candidate from Goa says Constitution was forced upon Goans; is this not an insult of Ambedkar and Constitution.

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2024 Lok Sabha Elections

Amit Shah says neither Congress nor Trinamool chief Mamata Banerjee can interfere with CAA

Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal.

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Union home minister Amit Shah on Tuesday said neither Congress nor Trinamool Congress chief Mamata Banerjee can interfere with the Citizenship Amendment Act (CAA). He was speaking at the Karandighi rally in West Bengal where he also made the prediction as to how many seats BJP will win in the Lok Sabha elections in West Bengal.

The union home minister asked the masses to cut the money culture. Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal. In 2019 Lok Sabha elections the BJP had won 18 out of 42 seats in West Bengal. He asked Mamata Banerjee, what problem will she have if the Buddhist and Hindu refugees from Bangladesh get citizenship in India?

Shah further added if the people of West Bengal want to stop infiltration in the state, then they will have to make Narendra Modi the Prime Minister of India again. He said if the people of West Bengal want to free Bengal of violence, stop infiltration in the state, give citizenship to refugees, to stop disrespecting mothers and sisters of the state as it happened in Sandeshkhali, then  only way is to make Narendra Modi the Prime Minister.

Amit Shah said that PM Modi had sent Rs 7 lakh crore to West Bengal but the TMC indulged in corruption. He said one can see the houses of Trinamool Congress leaders; 10 years ago they used to live in a hut, moved on cycle and now all of them have 4-storey houses and move around in big cars. He added this is the money of people of West Bengal.

The Citizenship Amendment Act (CAA), will make it easier for non-Muslim refugees from Afghanistan, Pakistan and Bangladesh to get Indian citizenship, was enacted in 2019. But the rules were notified in March this year by the Centre.

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2024 Lok Sabha Elections

Prime Minister Narendra Modi says listening to Hanuman Chalisa under Congress rule is a crime

PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

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Prime Minister Narendra Modi on Tuesday hit out at the Congress and said even listening to Hanuman Chalisa has become a crime under the party’s rule. The Prime Minister also said it was difficult to follow one’s faith under the party and accused it of hatching a deep conspiracy to snatch people’s wealth and distribute it among selected few people in the society. PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

PM Modi said in a state like Rajasthan where people chant Ram-Ram, Congress banned Ram Navami. He reffered to the redistribution of wealth remarks he had made during a rally in Rajasthan’s Banswara on Sunday and said it has angered the Congress and INDI Alliance so much that they have started throwing abuses at Modi everywhere.

The Prime Minister said that Congress has written in their manifesto that they will survey the wealth. He said the Congress leadership had said in a speech that an X-ray of wealth will be done. He added when Modi exposed the secret then the hidden agenda came out and this has left the people trembling. PM Modi further added that the Congress party has played with the Constitution of the India.

He said when the Constitution was drafted, reservations based on religion were opposed, so that Scheduled Casts (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) could get protection. He said former Prime Minister Dr Manmohan Singh had said that Muslims have the first right to the country’s resources.  The prime minister further added Congress’s ideology has always been of appeasement and vote bank politics. He said stones would still be pelted in Jammu and Kashmir, and enemies would still be cutting off the heads of India’s soldiers had Congress been in power.

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