LUCKNOW: The Lucknow regional bench of the armed forces tribunal (AFT) has ruled that declaration of oral triple talaq by ex parte proceedings, action or otherwise may not be given force by the government machinery or the courts while dealing with the subject matter being contrary to Constitutional ethos, particularly part lll of the Constitution.
It further said, “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.”
With this ruling, the tribunal declined to grant any relief to the applicant (an armyman), rejecting his original application against payment of maintenance to his wife allegedly divorced under the Muslim Personal Law. The AFT said the original application did not seem to have merit and did not call for any interference. His wife was entitled to payment of maintenance in terms of order passed by the Army along with arrears of maintenance, in case already not paid, within three months, the tribunal said.
She shall continue to be paid the same till the army order survived, it added. The tribunal directed the army to enforce the order in appropriate manner, deciding the original application accordingly.
Lance naik/tailor of the army Mohammad Faroor of UP 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.