Uttarakhand Files First Criminal Case Under UCC Over Triple Talaq, Halala Allegations
Haridwar: In a first-of-its-kind action under the Uniform Civil Code (UCC), Uttarakhand Police have filed a criminal case against a Muslim man accused of pronouncing triple talaq and forcing his wife to undergo halala before taking her back.
The accused, identified as Mohammed Danish from Haridwar’s Buggawala area, was chargesheeted after his wife Shaheen alleged prolonged dowry harassment, forced divorce and repeated coercion into halala.
Woman Alleges Dowry Harassment, Forced Separation
According to the complaint, Shaheen alleged that Danish and his family members subjected her to mental and physical harassment over dowry demands soon after marriage.
She claimed that Danish later dissolved the marriage by publicly pronouncing triple talaq. Despite wanting to continue the relationship, Shaheen alleged that she was told she could return to her husband only after undergoing halala with another man chosen by him.
FIR Claims Repeated Coercion Into Halala
The FIR registered at Buggawala Police Station on April 4 stated that the alleged practice was repeated several times in the past as well.
Shaheen accused her husband of forcing her into halala arrangements and exploiting her under the pretext of reconciliation. She also alleged sexual harassment linked to the practice.
The complainant informed police that she has a seven-month-old son and has been living under financial and emotional distress at her parental home.
UCC Sections Invoked for First Time
Initially, police booked Danish, his mother Gulshana, and other family members under sections related to dowry harassment, triple talaq and criminal intimidation.
Following investigation and witness statements, police invoked Sections 32(1)(ii) and 32(1)(iii) of the Uttarakhand Uniform Civil Code Act, 2024, making it the first criminal prosecution under the state’s newly implemented UCC law.
The provisions deal with unlawful dissolution of marriage and imposing conditions such as halala for remarriage.
What the Uttarakhand UCC Says
The Uniform Civil Code, introduced by the BJP government led by Chief Minister Pushkar Singh Dhami, abolished practices such as triple talaq, halala and polygamy in the state.
Under Section 30(2) of the Act, divorced couples can remarry each other without any requirement of marrying a third person beforehand, effectively outlawing halala.
Chargesheet Filed Against Multiple Accused
Police said chargesheets have been filed against multiple accused members of the family. However, the UCC-related sections have been specifically invoked against Mohammed Danish.
Officials said the case is being seen as a significant legal test for Uttarakhand’s Uniform Civil Code, which came into force earlier this year.
