Bombay High Court denies anticipatory bail to Muslim man who allegedly divorced his wife by Triple Talaq

The Bombay High Court recently denied anticipatory bail to a Muslim man who allegedly divorced his wife by way of triple taalq which is an offence under The Muslim Women (Protection of Rights on Marriage) Act, 2019. .The order passed by Justice Sarang V Kotwal reads that, ."Considering the gravity of the allegations, the applicant does not deserve protection of anticipatory bail. The applicant left her at her parental house. Her number was blocked by the applicant. This lends corroboration to the allegations that, he had divorced informant illegally in violation of the provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019.".The bail applicant (husband) ahad married the first informant (third wife) after divorcing two of his former wives. .The First Informant Report (FIR) mentioned that the applicant gave an intoxicating drink to the first informant and took private photographs along with videos of the first informant. The FIR further mentioned that the applicant had unnatural sex with her in October 2018..It was further alleged that the applicant used to harass her and ask her to bring money from her parental house.Last March, one of the daughters of the bail applicant is stated to have come to visit him. The first informant alleges that her husband had asked her to do all the work in the house. When she refused to do so the applicant is alleged to have assaulted her and given her "talaq". .She was left at her parental house. She alleged that the applicant further threatened to leak her private videos and photographs. Thereafter, the applicant is stated to have blocked the first informant’s phone number. .On the basis of this, an FIR was registered against the bail applicant under the sections of the Indian Penal Code, Information Technology Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019..The applicant contended that the FIR was based on false allegations. It was further stated that the first informant had assaulted his two minor daughters. It was argued that there were Whatsapp messages sent by the first informant which indicated that she had no grievance against the applicant..The first informant, however, asserted that the allegations in the FIR were true. She added that she had stayed on with the applicant to save her marriage, before the triple talaq was given. .The Court, ultimately, ruled that there are serious allegations involved in the case which require custodial interrogation. The Judge added that the applicant may establish his defence during the trial. As noted in the order, ."There are serious allegations of inserting rod in her private parts. There are allegations that, indecent photos and videos were recorded. This requires custodial interrogation of the applicant. In this view of the matter, anticipatory bail to the applicant cannot be granted.".On these grounds, the application for aniticipatory bail was rejected by the Court. .[Read the order here]

Bombay High Court denies anticipatory bail to Muslim man who allegedly divorced his wife by Triple Talaq

Rintu Mariam Biju

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