Allahabad, July 3: The Allahabad High Court has ruled that serious criminal offences cannot be justified on the grounds of personal laws or religious practices. The court refused to quash an FIR filed against nine accused in a case involving allegations of sexual exploitation and gang rape in the name of halala.
A division bench comprising Justices J. J. Munir and Tarun Saxena observed that criminal law prevails over personal law in cases involving serious offences.
Allahabad High Court on Halala and Triple Talaq
The court held that petitions seeking to quash FIRs in cases involving grave criminal allegations cannot be entertained merely by citing personal laws or religious customs. It also observed that constitutional values such as equality, dignity and privacy must be protected.
According to the case records, the complainant from Amroha in Uttar Pradesh alleged that she was married at the age of 15 in 2015. She claimed that her husband divorced her through triple talaq in 2016 and that she was later compelled to undergo halala before remarrying him.
The woman further alleged that she was sexually exploited in the name of halala and remarried her first husband in 2017. She claimed that after her husband again pronounced triple talaq in 2021 and married another woman, his family later insisted that she undergo halala again if she wished to resume the marriage.
She also alleged that in February 2025, her husband’s brothers gang raped her in the name of halala and conducted a symbolic nikah.
The accused sought to quash the FIR, arguing that the matter was governed by Muslim personal law and religious customs. However, the High Court rejected the plea, stating that personal law cannot be used as a defence against criminal prosecution.
The bench also observed that the Protection of Children from Sexual Offences (POCSO) Act would apply wherever legally applicable. It vacated the interim protection granted earlier, allowing the police to proceed with a full investigation into the case.
Now you can get the latest stories from Indtoday on Telegram every day. Click the link to subscribe. Click to follow Indtoday’s Facebook page, Twitter, and Instagram. For all the latest Hyderabad News updates and Follow us on GoogleNews
