A man accused of declaring 'triple talaq' through text SMS has been granted anticipatory bail by the Bombay High Court. Triple talaq, also known as talaq-e-biddat, quick divorce, and talaq-e-mughallazah (irrevocable divorce), was a type of Islamic divorce practised by Muslims in India, particularly those who followed the Hanafi Sunni school of thought. The Court stated that the general nature of the charges against the husband involving financial harassment might be handled through mediation and advised the pair to do so. The Bombay High Court has granted anticipatory release to a man accused of sending his wife a text message in which he said triple talaq (Adnan Iqbal Moulvi v. State of Maharashtra).
According to the complaint wife, the pair married in April 2015 and had a kid. She said her husband and in-laws were abusing her psychologically and physically for money worth ten lakh rupees. On May 22, she was requested to travel to her parents' house under the guise of bug treatment, and five days later, her husband sent her a text message declaring triple talaq. The husband was charged with cruelty under Section 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Divorce) Act (penalty for quick triple talaq). On July 29, 2017, a Sessions Court in Dindoshi, Mumbai, denied him anticipatory release, therefore he went to the High Court.
The only reason the lower court denied pre-arrest bail was because the husband had his wife's jewellery in his possession, necessitating a thorough inquiry, according to Justice Sandeep Shinde. The Court concluded that the grievances against the husband and in-laws might be resolved through mediation because the charges were mostly about money demands for which the lady was harassed. The Court granted time for the complainant's lawyer, Yogita Joshi, to take directions. It did, however, grant the spouse anticipatory bail in the meanwhile.
Tags : #Anticipatory Bail #Bombay High Court #MediationTriple Talaq #Muslim Women (Protection of Rights on Divorce) Act #Justice SK Shinde