Jammu and Kashmir High Court refuses to quash FIR for Triple Talaq via text message

The High Court of Jammu & Kashmir and Ladakh recently dismissed a petition seeking quashing of an FIR registered under the Muslim Women (Protection of Rights on Marriage) Act, 2019 against a man accused of pronouncing instant triple talaq upon his wife via text message [Shabir Ahmad Malik vs. UT of J&K].

Justice Javed Iqbal Wani observed that the pronouncement of talaq whether Talaq-e-biddat or any other similar form of instantaneous and irrevocable divorce by words, whether spoken, written, or through any electronic form, is void and illegal, and punishable with imprisonment for up to three years along with a fine.

The High Court was hearing a plea challenging a first information report (FIR) registered at Kupwara police station in 2022.

The petitioner sought relief under the Court’s inherent powers under Section 482 CrPC (now Section 528 BNSS), arguing that he had executed Talaq-e-Ahsan through a formal Talaq Nama, and had released his wife from the marital tie lawfully under Shariat and the Holy Quran.

He contended that no offence was made out under Indian Penal Code or the 2019 Act and that the FIR was vague and baseless.

The respondents included the Union Territory of J&K submitted that the petitioner had developed an extramarital affair and had sent triple talaq via text messages to the complainant. These messages, supported by screenshots produced during investigation, were treated as evidence of the offence under the Act of 2019.

The Court, while hearing the petition, referred to Sections 2(c), 3 and 4 of the Act of 2019.

Section 3 declares any pronouncement of talaq whether Talaq-e-biddat or any similar form of instantaneous and irrevocable divorce by words, spoken, written, or electronic, as void and illegal. Section 4 prescribes punishment for such pronouncement, including imprisonment up to three years and fine.

The Court observed that in light of the evidence produced, particularly the screenshots of the text messages, reliance by the petitioner on the talaq nama was insufficient to nullify the FIR.

Justice Wani noted that under the principles established by the Supreme Court in Priti Saraf & Anr. v. State of NCT of Delhi (2021), inherent powers cannot be exercised to scuttle a prosecution at its inception.

Accordingly, the petition was dismissed with the Court clarifying that its observations were solely for deciding the quashing plea and should not be interpreted as an opinion on the petitioner’s guilt or innocence.

Advocate Altaf Khan appeared for the petitioner.

Government Advocate Faheem Shah and advocate Sheikh Manzoor appeared for the respondents.

[Read Order]