NEW DELHI: An FIR registered by police in Uttar Pradesh on December 9, 2025, has brought attention to a legal area that remains unclear under the 2019 Triple Talaq law. The case involves allegations that extend beyond the instant triple talaq itself, focusing on the treatment of women following the pronouncement of talaq.
As per a report in TOI, the FIR filed in Said Nagli, Amroha, details that a woman, divorced by instant triple talaq, was coerced by her husband, his brother, and religious figures to undergo the practice of halala multiple times to facilitate remarriage with her former husband. Halala, an exception allowing divorced Muslim couples to remarry, often involves arranged brief marriages or encounters with another man to enable the original couple’s reunion.
The woman’s complaint describes being subjected to sexual assault under the guise of halala, carried out through threats and intimidation. The police have invoked sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes instant triple talaq, along with various provisions related to rape, grievous hurt, criminal intimidation, and conspiracy.
Initially, the FIR named three accused: the husband, his cousin, and a traditional healer. Additional accused have since been included. Amroha police confirmed the arrest of the husband and stated that further action depends on evidence and corroboration. Authorities are searching for other suspects who remain at large.
Recently, based on the woman’s age at marriage, police expanded the FIR to include several provisions of the Protection of Children from Sexual Offences (POCSO) Act. This development underscores a continuing legal ambiguity, as Muslim personal law does not specify a minimum marriage age but links marriageability to puberty, a matter yet unresolved by the Supreme Court, with varying interpretations across states.
The FIR covers several years of alleged abuse. The woman, identified as Zubaida (name changed), reported being forcibly married at age 15 in 2015 and subjected to instant triple talaq twice, in 2016 and 2021, followed by three coerced halala reconciliations. She described feeling repeatedly handed over and expressed shame that initially prevented her from disclosing the abuse.
Zubaida, a former student of a prominent Aligarh school and from a family with a background in public service, stated that after the first triple talaq, she was told she could only return to her husband after undergoing halala, which involved sexual assault by an intermediary. By February 2025, she was informed she would have to repeat the halala process twice due to the breakdown of the marriage on two occasions. She said she was misled by false promises of remarriage despite years of hardship as a single mother.
With her husband now in custody, Zubaida is managing life for her daughter. Meanwhile, her husband has accused Zubaida and her relatives of harassment and threats, submitting a written complaint on November 26, 2025, alleging attempts to forcibly enter his home and threats involving false criminal charges.
Documents indicate that in 2021, Zubaida’s divorce was finalized by a family court, which granted custody of the daughter to the father.
Halala is not addressed in Indian statutory law. While the 2019 Muslim Women Act criminalizes instant triple talaq, it does not recognize or regulate halala. Activists note that halala cases rarely generate official records, as victims often remain silent due to stigma, financial dependence, and concerns for their children.
Zakia Soman, founder of the Bharatiya Muslim Mahila Andolan, stated that halala is not mentioned in the Quran and persists through misinterpretation and patriarchal control. She described the practice as largely hidden and unregulated, surviving underground despite the criminalization of triple talaq. Soman cited instances where clerics facilitate halala and women are passed between men to resolve personal or familial disputes, often remaining undisclosed unless victims report to authorities.
Experts highlight structural challenges in prosecuting such cases, including the lack of mandatory registration of Muslim marriages and divorces, which leaves the burden of proof on women. Naish Hasan, an activist from Lucknow who has worked with halala survivors for over twenty years, noted that the practice continues predominantly among economically disadvantaged women. Hasan has documented approximately 40 detailed cases from Lucknow district alone and emphasized the need for justice for all affected women.
Petitions challenging halala, including one filed by Hasan in 2021, remain pending before the Supreme Court.