UP: Muslim woman agrees to Nikah Halal, instead gets gangraped by ex-husband, his brother
New Delhi, Nov 12: The Uttar Pradesh police on Friday filed an FIR against five persons of a Muslim family and an Islamic cleric on charges of gang raping a woman several times after she had been given triple talaq.
The incident reportedly took place in Shahjahanpur. The cleric Guddu, Salam, Islan and three others have been booked in the case. According to the police in the complaint filed by the woman she said that she had married Salman five years back. Salman had divorced her a few months back under the triple talaq system which is currently outlawed.
Her complaint said that Salman on the advice of the cleric had said that he would marry her again if she married and divorced his younger brother. This process in Islam is called Nikah Halal. Even after she did as was told, the younger brother did not divorce her. Instead both the brothers took to raping her, the police also said.
Additional Superintendent of Police Sanjay Kumar said, on the assurance of Salman the woman married his brother Islam. However the latter refused to divorce her. Since then the woman has alleged both Salman and Islam gang-raped her on several occasions.
The woman then went to the local court with her complaint and then the FIR was lodged after the court ordered the police to do so. Based on the complaint the police booked Haji, Salman, Islam and three of their family members under sections of Gangrape (378), unnatural sex (377D IPC) and other sections under the Muslim Women (Protection of Rights on Marriage) Act 2019.
The woman was then taken for a medical examination and presented before a magistrate where she recorded her statement. Efforts are being made to trace the absconding accused Kumar said.
In 2017, the Supreme Court had struck down triple talaq which allowed a Muslim man to divorce his wife by making saying talaq thrice. Prior to this decision India was one of very few countries that allowed the practice.
The push in the Supreme Court was backed by Narendra Modi led central government. Several Muslim women and activists had moved the Supreme Court challenging this practice.