In a first of its own kind of First Information Report (FIR), the Uttarakhand Police have invoked provisions of the Uniform Civil Code (UCC) in an alleged nikah halala case alongside dowry, Muslim marriage and other criminal offences in a complaint filed by a woman against her husband and in-laws.
Nikah halala is a controversial practice in some interpretations of Muslim personal law involving remarriage requirements after divorce. This has remained politically and legally contentious in India.
The case stems from FIR No. 20 of 2026 registered at the Bhagwanpur police station on April 4 and a final report submitted on May 14.
According to the chargesheet, Shabana approached the police with a written complaint against her husband and several members of his family over allegations of dowry harassment, cruelty and offences linked to Muslim marriage laws. The FIR, as reported by The Hindu, was initially registered 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 BNS Sections 115(2) and 85.
The case subsequently gained wider attention because investigators also examined allegations relating to nikah halala, as alleged in the complaint, which also claimed she was subjected to coercive marital practices and implicated multiple members of the family network.
During the investigation, police said evidence emerged supporting the addition of Sections 32(1)(ii) and 32(1)(iii) of the Uttarakhand Civil Code provisions. Investigators recorded statements of the complainant, witnesses and other material collected during the probe before adding the new sections.
The chargesheet notes that the investigation resulted in the inclusion of UCC-linked provisions and an additional accused was also brought into the case during the course of the probe. Notices under the BNSS provisions were issued to the accused.
After over a month-long investigation, police named nine accused in the chargesheet.
A senior official involved in the planning and implementation of the UCC in Uttarakhand said this case was likely to assume significance as one of the earliest instances in which provisions of the UCC were being invoked in the context of allegations linked to nikah halala.
“The proceedings may offer an indication of how courts interpret the scope and applicability of the new legal framework in disputes intersecting with personal law and matrimonial practices,” he said.
Published – May 15, 2026 02:44 am IST
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