The Allahabad High Court has stayed further proceedings in a triple talaq case lodged against three applicants belonging to the Shia community, observing that the matter required deeper consideration. The court also issued notice to the complainant wife.
The case was heard by Justice Vikram D. Chauhan on a petition filed by Shahid Raza and two others, who sought quashing of the chargesheet dated June 22, 2024, and the summoning order dated July 10, 2025, issued by the Additional Chief Judicial Magistrate.
Counsel for the petitioners argued that the applicants are Muslims from the Shia sect, which does not recognise triple talaq (talaq-e-biddat) as a valid form of divorce. He submitted that the 2019 law—the Muslim Women (Protection of Rights on Marriage) Act—defines triple talaq under Section 2(c), but the practice is confined to Sunni Muslims.
According to the FIR, Shahid Raza had allegedly pronounced triple talaq upon his wife, the complainant in the case. The counsel contended that since Shias do not accept triple talaq, the charges under the 2019 Act cannot apply to the applicants.
In its order dated September 18, the court said:
“The matter requires consideration. Let notice be issued 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.”
The FIR in the matter was lodged in 2024 at Naugawan Sadat police station in Amroha district, under relevant provisions of the Indian Penal Code and the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The matter will now be taken up on December 12, 2025, when the opposite party is expected to file its response. Until then, proceedings before the trial court remain stayed.
