Supreme Court comes to rescue of Muslim Man desirous of giving Talaq to Wife: Only Tripple Talaq is illegal

Team SoOLEGAL 23 Mar 2022 4:13pm

Supreme Court comes to rescue of Muslim Man desirous of giving Talaq to Wife: Only Tripple Talaq is illegal

NEW DELHI: The Supreme Court came to the aid of a Muslim man who decided to seek anticipatory bail, arguing that not all types of Talaq are inconsistent with the constitution, but only 'Triple Talaq.'

The Division Bench of Justice Sanjeev Khanna and Justice Bela M. Trivedi observed that the High Court overlooked the fact that only Talak-ul-biddat is a criminal offence in the impugned order, while Talak ahasan as well as Talak hasan have not been deemed unconstitutional, illegal, or formed a criminal offence.

Although the Court did not stay the proceedings under Section 125 of the CrPC or any other proceedings, it did state that the petitioner would not be arrested if he joined and cooperated in the investigation.

The averments produced in the F.I.R. do not represent any offence punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 as the Talaq was uttered on 21.06.2021, on 25.07.20201 as noted in the anticipatory bail application, but the learned counsel for the petitioner submits that it has been printed incorrectly as 25.07.20201 but this should be read as 25.07.2021 and on 25.08.2021, thus, the three Talaqs were not given simultaneously.

It was also argued that the Talaq between the petitioner and the informant was not talaq-e-biddat, citing Section 2 (c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which defines Talaq as means "talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband."

As a result, the right to anticipatory bail was invoked. In the impugned order, the High Court, on the other hand, denied the same:

"Given the serious nature of the allegations against the petitioner and the need for his custodial interrogation during the course of the investigation, this Court is of the considered opinion that this is not a case where the above named petitioner should be granted anticipatory bail."

Tagged: Supreme Court   Tripple Talaq   indian constitution   Justice Sanjeev Khanna   Justice Bela M. Trivedi   Section 125  
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