Tribune News Service
New Delhi, January 1
There’s no bar on granting anticipatory bail for an offence committed under the law against triple talaq, the Supreme Court has ruled.
A three-judge Bench, headed by Justice DY Chandrachud, said it would be at the discretion of the court to grant interim relief to the accused — while his anticipatory bail application was pending – after hearing the complainant woman divorced via instant triple talaq. According to Section 3 of the Muslim Women (Protection of Rights on Marriage) Act 2019, divorcing a Muslim woman using instant triple talaq by her husband is illegal and it attracts imprisonment up to three years under Section 4 of the Act.
The top court also said the husband’s relatives could not be booked under the Act as the offence could only be committed by a Muslim man.
“On a preliminary analysis, it is clear that the appellant as the mother-in-law of the second respondent cannot be accused of the offence of pronouncement of triple talaq under the Act as the offence can only be committed by a Muslim man,” the Bench said, granting anticipatory bail to an accused from Kerala who was relative of the husband facing charges under the new law.