Triple Talaq: Husband granted interim relief from arrest by Delhi Court

Team SoOLEGAL 11 Sep 2019 12:33pm

Image courtesy: Triple Talaq: Husband granted interim relief from arrest by Delhi Court

The Muslim Women (Protection of Rights on Marriage) Act, 2019 that was passed on 26th July 2019 after extensive debate and opposition finally got the verdict to all the women. The act made Triple Talaq an offense and illegal w.e.f 1st August 2019 thereby stipulating that instant triple talaq in any form being written, spoken or by electronic means such as a message or email shall be void and illegitimate with imprisonment for a period not exceeding three years for the culprit.

In the present case, being one of the foremost cases after the passing of the above stated Act, a husband had filed an application under section 438 Cr.P.C seeking the relief of bail in his anticipation of being arrested in relation to the FIR lodged by his wife.

The said FIR was lodged by his wife at Saket Police Station under section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, accusing the husband of divorcing her by pronouncing Triple Talaq.

The counsel for accused submitted before the Court that the accused husband had pronounced Talaq to her wife in the year 2015 and Talaqnama was sent to her in 2016 but the complainant wife had now filed a false and frivolous complaint with the police after passing of the new amended act which came into effect from 1st August 2019 and the wife was just abusing the process of law.

After hearing the submissions made by the counsel for accused and the prosecutor, the Court of Sh. Sanjeev Kumar Singh, Addl. Sessions Judge, South District, Saket granted interim relief from arrest to the accused husband Suhail Khan on 05th September 2019.

While pronouncing the order, the Ld. Addl. Sessions Judge directed that the “Applicant/Accused is hereby directed to join investigation and also, co-operate with the Investigating Officer during the investigation and on his such joining the investigation, no coercive steps be taken by the IO against the applicant/ accused till the date adjourned.”

The Court further directed the accused not to contact the complainant in any manner in the meanwhile and kept the anticipatory bail application of the accused pending for further proceedings on 23rd October 2019.

Petitions challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which criminalizes the Triple Talaq are already pending adjudication before the Supreme Court.

On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional in a landmark case of Shayara Bano Vs Union of India & Ors.

Tagged: Triple Talaq   Anticipatory Bail   438 CrPC  
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