No bar on granting anticipatory bail below triple talaq regulation, says Supreme Court docket


Satya Prakash

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.

Husband’s kin can’t be booked

  • Under the Muslim Women (Protection of Rights on Marriage) Act 2019, divorcing a Muslim woman using instant triple talaq is illegal and attracts imprisonment up to three years
  • The top court said the husband’s relatives could not be booked under the Act as the offence could only be committed by a Muslim man

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.



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