Recently the Allahabad High Court upheld divorce by a Muslim husband by reciting talaq thrice and that too when his wife was not present. The husband had arranged for witnesses and communicated to his wife through a letter that she had been divorced ...

The trial court said she was not even entitled to maintenance under ... Criminal Procedure Code (Section 125), which is available to any woman belonging to other religions. She was asked to pray for maintenance for herself and the child from the Wakf, the provision enshrined under the Muslim Women's (Protection of Rights on Divorce) Act.

Thus yet another case over controversial "triple talaq' has reached the Supreme Court for a finality. The unsettled validity of triple talaq was referred to a constitution bench over three years ago. The sensitive issue also encompasses Muslim husband's right to seek divorce under the Muslim Law ... Whenever the Chief Justice of India sets up a five- judge constitution bench to hear a batch of appeals involving validity of the "triple talaq", another issue regarding applicability of Section 125 of the Code of Criminal Procedure (maintenance) to the Muslim women will also be considered.

It was on a divorced Muslim husband Abdul Hafiz Sharif's appeal challenging his estranged wife Afifa Bano's claim for maintenance under the Code that a 2 Judge Bench had said that it should also be decided by a constitution bench.

... Those who equivocally support oral talaq, say it is legal under the Muslim law. They argue that the Mulla's Principles of Mohammedan Law say that it is not necessary to pronounce talaq in the presence of the wife or even address ... her. Therefore, it would be not be justified to direct the husband to pay maintenance to "a stranger who is no more his wife", the counsel fór oral talaq feels.

Another case involving validity of triple talaq has arisen out of the Allahabad High Court judgement declaring triple talaq illegal. It said so while deciding a case relating to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960

The occasion was when a Muslim couple, Ms. Khatoon Nisa and Mr. Rahmatullah, justified division of surplus land since they had divorced on the husband citing thrice talaq, talaq, talaq in one sitting on September 19, 1969 ...

In the, Nisa case, the authorities had disbelieved the deed of divorce based on oral triple talaq. They said the deed was "collusive and meant to prevent the authorities from declaring the land surplus" ... The issue may have serious consequences as (divorce) is seen as "purely a subject matter of Muslim Personal Law."                     (Source: The Times of India, 24 August, 1998)