Triple Talaq: Delhi Court grants husband interim protection from arrest

In one of the first cases following the criminalization of Triple Talaq under the Muslim Women (Protection of Rights on Marriage) Act, 2019, an Additional Sessions Court in New Delhi’s Tis Hazari Court Complex has granted interim protection from arrest to a husband accused of divorcing his wife by pronouncing Triple Talaq..The interim protection was granted by Additional Sessions Judge Sanjeev Kumar Singh in an application for anticipatory bail made by the accused husband, Suhail Khan..As per the complaint by the wife in terms of Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the accused husband pronounced Triple Talaq to her on August 3, when they met at Saket District Court in connection with a legal proceeding under the Protection of Women from Domestic Violence Act, 2005..Before the Tis Hazari Court, the accused husband argued that soon after the passing of the Triple Talaq Bill, the wife gave a false and concocted complaint to the police in order to abuse the process of law..He informed the Court that he had pronounced talaq to the wife in April 2015 itself and that consequently, Mahr and Iddat expenses were also paid to her. Thereafter, he also sent a Talaqnama to the wife in November 2016, followed by several legal notices to this effect, he claimed..The Court was further informed that since the wife refused to accept the talaq, the husband even moved a plea seeking a declaration of talaq before a Court in Ghaziabad..The applicant also contended that when the Supreme Court had already held that pronouncement of Triple Talaq had no legal consequence, there was no reason for the husband to pronounce the same now..After hearing the counsel for the accused, the Court extended interim protection to the accused subject to the condition that he joins the investigation. The order states,.“The Applicant/accused is hereby directed to join the investigation and also to cooperate with the IO during the investigation and on his joining such investigation, no coercive steps shall be taken by the IO against the applicant/accused till the adjourned date.“.The Court further directed the accused to not contact the complainant/wife in any manner..The matter will be heard next on October 23..The husband was represented by Advocates Avneesh Arputham and Yusuf Khan..The State was represented by Additional Public Prosecutor RK Gujjar..The wife was represented by Advocate SM Anees..The Supreme Court has issued notice to the Central government in three petitions challenging the Constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises Triple Talaq..Read the Order: