Key Points

Uttarakhand Police has filed the first criminal case under the Uniform Civil Code (UCC), invoking provisions related to alleged ‘nikah halala’ and triple talaq in a matrimonial dispute in Haridwar district. The FIR was originally registered on 4 April 2026, and a final report was filed on 14 May 2026.

The case was registered at Buggawala police station following a complaint filed by a woman identified as Shaheen. Police have now filed a chargesheet against multiple accused, including her husband Mohammad Danish and members of his family.

Shaheen alleged that she was subjected to mental and physical harassment, assault and dowry-related abuse after her marriage. She further alleged that her husband dissolved the marriage through triple talaq and later pressured her to undergo ‘nikah halala’ as a condition for returning to the matrimonial home.

Nikah halala is a controversial practice in some interpretations of Muslim personal law under which a divorced woman must marry another man, consummate that marriage and subsequently divorce or be widowed before remarrying her former husband.

The Uttarakhand Uniform Civil Code Act, 2024, prohibits such practices. Section 30(2) of the UCC states that a person has the right to remarry a divorced spouse without any condition requiring marriage to a third person before remarriage.

Police initially registered the FIR under Sections 3 and 4 of the Dowry Prohibition Act, Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, and Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita relating to causing hurt and cruelty by husband or relatives.

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During the investigation, police said further evidence emerged regarding allegations linked to halala and triple talaq. Investigators subsequently added Sections 32(1)(ii) and 32(1)(iii) of the Uttarakhand UCC, which criminalise dissolution of marriage through methods not recognised under the code and prohibit forcing or compelling a woman to undergo halala or similar practices.

Under these provisions, punishment can extend to three years of imprisonment, a fine of up to ₹1 lakh, or both.

According to the FIR, Shaheen alleged that her husband repeatedly demanded that she undergo halala “wherever I say” before he would consider taking her back. The woman’s brother, Mohammad Salman Ahmed, alleged that the family had repeatedly harassed his sister for dowry and later attempted to force her into halala with a man chosen by them. He said the family decided to pursue legal action after repeated efforts at reconciliation failed.

Shaheen also alleged that such coercive conduct had happened earlier and that she was sexually exploited under the same pretext. The complaint further stated that the woman has a seven-month-old son and had become financially dependent on her parents after being forced out of her matrimonial home.

Haridwar SSP Navneet Singh Bhullar said the case was being treated as sensitive and further legal action would proceed based on evidence collected during the investigation. The case is expected to be one of the first judicial tests of how courts interpret the UCC framework in disputes involving personal law and marriage practices.

[DS]

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