UP: Despite Triple Talaq Ban, Woman Given Instant Divorce, Raped By Husband’s Younger Brother For ‘Halala’

A woman has accused her husband of unlawfully giving her Triple Talaq and then making her undergo ‘halala’ with his younger brother.

Based on her complaint, a case of rape has been registered against the men for rape and unnatural sexual assault, and under sections of Muslim Women (Protection of Rights on Marriage) Act, 2019.

Halala is a custom among Muslims where a woman is made to have sexual intercourse with a man other than her husband in order to re-establish her marriage with her husband in case he gives her Talaq (divorce).

In 2017, the practice of Triple Talaq, where a Muslim man divorces his wife by uttering the word ‘talaq’ three times in a go, was declared unlawful by the Supreme Court.

Now, such a legal separation under the Muslim Personal Law can be made only over a period of three months and not instantly.

However, the practice of instant Triple Talaq continues to be rampant.

The case was filed on 14 November 2022 in Shahjahanpur district of Uttar Pradesh.

As per a report by NDTV, the woman in her complaint told the police that she married Mohammed Salman five years ago. A few months ago, Salman divorced her in anger by uttering Talaq three times.

Her complaint says that on advice of cleric Guddun Haji, Salman told his ex-wife he would accept her back, but only after she marries, establishes sexual relation with and then get divorced from his younger brother Irfan.

This meant that she would have to undergo ‘halala’ with Irfan in order to be his wife again. The woman did as she was asked, but Irfan refused to give divorce to her.

Additional Superintendent of Police Sanjay Kumar was quoted by The Times of India as saying, “On the assurance of Salman, the woman married his brother Irfan, but the latter refused to divorce her. Since then, the woman has alleged, that both Salman and Irfan gangraped her on several occasions.”

ASP Kumar said that the woman went to the local court after the incident, and an FIR was registered on the court's order on 14 November.

ANI quoted the victim as saying, “I got married in 2017 to a man named Salman. He established a forceful relationship with me on the first night. He did not have the right intention. When I complained to my mother-in-law, she did not listen. Whenever I used to get angry, he thrashed me and broke my head.”

She continues, “He gave me 'triple talaq' in anger. When I started packing my stuff, he said that he would call the cleric. I was sent to the village for the ‘halala’ with Irfan. He kept me for ten days for halala. Salman went there in anger and brought me back. My brother-in-law established relations with me forcefully.”

She added, “My complaint was not registered at the police station. I then went to the court. I have filed cases against Salman, Munni, my father-in-law, mother-in-law and others.”

In a video statement given to news channels, the victim narrated her ordeal. She said (translated by Swarajya):

“My husband gave me Triple Talaq after I asked him where he had been all these hours. 
He was late that day. I only asked him where he was. 
He said he was out somewhere.
I questioned him why it took him so long.
He started beating me.
He even tried to choke me by holding my throat.
He was angry over my repeated questions.
In anger, he said he would give me Talaq.
And he repeated the word Talaq thrice.
I started packing my bags to go to my parent's house as he had given me Talaq.
He stopped me and ran to the cleric to ask if Talaq had really happened or not.
The cleric, Haji Guddu, said Talaq had been done and I would have to remarry my husband after ‘halala’.
The next day, Haji Guddu brought a Qazi.
My parents-in-law and my sisters-in-law assembled in the house.
They all witnessed my ‘nikah’.
I was married to my brother-in-law, who is Bablu alias Irfan. 
My husband paid a ‘mehr’ of Rs 3,000 rupees for this nikah.
The cleric asked Bablu to take me to his home away from Salman.
Irfan took me to his house in the village, where he did ‘halala’ with me
He raped me for ten days.
If I refused to have sex, he would force himself on me.
One day, Salman came to take me back to his home.
When I told him to ask his brother to give me Talaq and then marry me again, Salman said he would not marry me.
He said both the brothers would keep me like that.”

Superintendent of Police S Anand told ANI, “A case has been registered after the court order and investigation has been undertaken. The medical tests of the victim woman were conducted. Her statements were recorded in court. Teams have been sent for the arrest of the culprits.”

Anand added, “Their arrests would be ensured and they will be interrogated. A transparent probe will be done. We will carry out the investigation on the basis of scientific evidence.”

The victim's lawyer, Bal Singh, told ANI that the woman was married in 2017 to an abusive husband. She gave a complaint letter at the police station and at the SP office, but no action was taken. Bal Singh then presented her case in front of the court after which the FIR was registered.

Singh told, “Both her husband and brother-in-law kept her with them after the halala.”