"Excluding access to bail impinges upon human liberty:" Supreme Court rules no bar on anticipatory bail under 2019 Triple Talaq law

Team SoOLEGAL 31 Dec 2020 3:10pm

Supreme Court while hearing a plea filed by the mother-in-law of a Muslim woman was of the view that, the anticipatory bail can be allowed under Muslim Women (Protection of Rights on Marriage) Act, 2019, provided that, the complainant Muslim woman must be heard by the competent Court before granting such bail.  The Court was also of the view that it would be at the discretion of the Court to offer an interim relief to the accused in the case of an anticipatory bail application, by giving a notice to the married Muslim woman.

Justice DY Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee were hearing a plea which was filed by the mother of the husband who had announced triple talaq to his wife and after that, he entered into a second marriage with another woman. The wife had lodged a complaint against her husband and her mother-in-law under Section 498A of Indian Penal Code, 1860 and provisions of Muslim Women (Protection of Rights on Marriage) Act. 2019.

According to the respondent, the power to grant bail was taken away by the provisions mentioned under Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019. On the other hand, the appellant had argued that, section 7(c) of the said Act provides that there is no explicit ban on the exercise of the discretion of the court to issue anticipatory bail.

The Court was of the view that, the mother-in-law cannot be sued in this particular case under section 7(c) of the said Act because this section only applies to Muslim men. The Court was also of the view that, according to section 7 of the said Act, the magistrate has the ability to grant bail provided that there are reasonable grounds to grant such bail and also the magistrate must hear the Muslim woman upon whom the talaq was pronounced before granting such bail. The Court was of the view that, if the complainant fails to prove a case, then anticipatory bail may be granted by invoking inherent powers. The Court had allowed the appeal and directed to release the mother and also a bond of Rs 25000 must be furnished. 

Tagged: Supreme Court   Triple Talaq law   Protection of Rights on Marriage   Muslim Women Act   Justice DY Chandrachud   Justice Indu Malhotra   Justice Indira Banerjee   Indian Penal Code  
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