A shocking case has come to light in Uttar Pradesh that has once again raised big questions about whether triple talaq and halala are still practised in India, even though triple talaq is illegal. A woman from Amroha district has told police she was forced into marriage at just 15 years old, later given triple talaq twice, and then coerced into halala arrangements where she says she was gang-raped under false pretences.
The woman was divorced through the illegal triple talaq
As per reports, the woman was first married in 2015 when she was just 15. She says her husband gave her instant triple talaq in 2016, a practice where a man says the word talaq three times to end a marriage. Instant triple talaq was declared illegal and unconstitutional in India and made a crime under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
After the first divorce, she was told she could only remarry him after “halala”, a religious custom. Halala (or nikah halala) is a tradition where a woman who has divorced her husband must first marry another man, consummate that marriage, and then get divorced before she is allowed to remarry her first husband. It is not set out in Indian law, but exists in small pockets through religious custom.
After the triple talaq, she was subjected to halala
According to her complaint, she went through this halala process multiple times, and each time what was supposed to be a temporary marriage ended in abuse. She says one of the halala arrangements was a planned sexual assault carried out under threats and intimidation and not a free choice. Prosecutors have charged multiple people, including her husband, his cousin, and a hakim (traditional healer), and have added serious offences such as rape, criminal conspiracy and criminal intimidation to the case.
She told police it felt like she was “being handed over every time” and that she stayed silent for years because she was ashamed and worried about her child’s future, as per reports.
Triple talaq is illegal, what about halala?
What makes this case stand out is that instant triple talaq is already illegal in India, yet the social and religious ecosystem around divorce and remarriage still allows practices like halala to be used and abused outside the law. Experts say this highlights a legal void, while triple talaq has been criminalised. Halala has no specific place in Indian statutory law and is still used informally, often leaving women vulnerable even some Islamic bodies are seeking to end it and its modern use is criticised.
Critics and activists have long argued that both practices are outdated and harmful. Many women’s rights groups say halala, like triple talaq, should be banned or regulated because it can be misused to pressure and exploit women. Legal challenges on halala’s constitutional validity are still pending, and the Supreme Court has been asked to examine it more closely.
This case in Amroha is a grim reminder that even though triple talaq is banned, social customs like halala can continue in practice and sometimes lead to serious abuse especially in places where personal laws and traditions still carry strong influence. Police have registered a case under Sections 3 and 4 of the 2019 Triple Talaq law along with other sections of BNS related to rape, aggravated hurt, criminal intimidation, and criminal conspiracy and POCSO.
