HARIDWAR: In a major development after the implementation of the Uniform Civil Code (UCC) in Uttarakhand, police have filed a chargesheet against five people, including the petitioner's husband, in the state’s first ‘Nikah Halala’ case.
Based on a complaint filed by a woman named Shaheen on April 4, police in the Buggawala police station area registered a case against her husband, Mohammad Danish, and his family members for allegedly subjecting her to mental and physical harassment, assaulting and evicting her from home after she refused to undergo ‘Nikah Halala’ — a practice requiring a woman to marry and divorce another man following triple talaq before remarrying her former husband.
Based on her complaint, police booked Mohammad Danish, Mohammad Arshad, Parvez, Javed and Gulshana under Sections 32(1)(ii) and 32(1)(iii) of the Uniform Civil Code, Uttarakhand 2024 (Amendment 2026), which criminalise ‘Nikah Halala’ and related practices.
Police also invoked sections 115(2) and 85 of the Bharatiya Nyaya Sanhita (BNS) 2023, along with provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and the Dowry Prohibition Act, 1961.
The victim’s elder brother, Mohammad Salman Ahmed, said, "Ever since her marriage two years ago, her in-laws consistently harassed her for dowry. When she could no longer bear the abuse, she told my wife that they had divorced her and were forcing her to perform ‘Halala’. My sister didn't even understand the implications of ‘Halala’ at the time."
"They were coercing my sister, Shaheen, claiming she would have to perform ‘Halala’ with a man of their choosing," he further alleged.
Acknowledging the role of the state authorities, Salman added, "With the support of Chief Minister Pushkar Singh Dhami and UCC member Manu Gaur—who helped draft this law—we have successfully managed to initiate the path toward justice for my sister under this new legislation."
The chargesheet was submitted on Thursday before the Court of the Judicial Magistrate Second Class in the Roorkee region of Haridwar.
