The HC added triple talaq is "unsustainable and bad in law".
"Any fatwa, which is against the legal system, has no meaning", the court said.The bench said that there could not be a violation of the fundamental rights of the Muslim women in the name of personal laws. The husband had approached the high court against the complaint. The Prime Minister also said Triple Talaq issue is connected to reform and so reforms should be made.
Judge Kesarwani further said: "All citizens, including Muslim women, have fundamental rights guaranteed by the Constitution".
However, the High Court turned down the application observing that it did not "find any good reason to interfere with the impugned summoning order or the impugned proceedings". "The human rights of women and of girls are an inalienable, integral and indivisible part of universal human rights", the court said. "All citizens, including Muslim women, have fundamental rights", the court pointed out, adding "under the garb of personal law, individual or collective rights of the citizens" could not be infringed.
The court had said that the triple talaq practice sanctioned under Muslim personal law that governs marriage, property and divorce violates the rights of Muslim women.
On other hand, Nikah Halala is a practice meant to curb the incidence of divorce under which a man can not remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced, observing the separation period called "Iddat" and then coming back to him again. A five-judge Constitution bench will hear the matter on May 11.
The Supreme Court to hear the triple talaq case at 10:30 am tomorrow. The verdict comes amid the Centre's push for a ban on the contentious practice on grounds of gender equality and justice.
The All India Muslim Personal Law Board (AIMPLB) had earlier said that all pleas that challenged the practice of triple talaq were not maintainable because the matter was outside the purview of the secular judiciary, ANI reported. "No fatwa can be contrary to someone's rights", the court observed while adding that "judicial conscience is disturbed at the monstrosity" of the "demeaning" practice. "The nation runs by constitutional laws".