Bombay HC Grants Interim Protection From Arrest To Man Accused Of Giving Triple Talaq To His Wife [Read Order]

The Bombay High Court has granted interim protection from arrest to one Imtiyaz Patel, accused of giving triple talaq or instantaneous divorce to his wife, complainant in the case.

Justice Revati Mohite Dere heard the anticipatory bail application filed by Imtiyaz and directed the Assistant Public Prosecutor to take detailed instructions from the State before the next date of hearing.

The said FIR was registered at Mumbra police station on November 30, 2018 for offences punishable under Sections 498A, 506 r/w 34 of the Indian Penal Code and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. According to the police, this is the first such case registered in the State after the triple talaq legislation was passed.

Previously, Court had granted anticipatory bail to another accused of giving triple talaq to his wife of 17 years. In the said instance, only the ordinance criminalising triple talaq had been promulgated.

The couple got married on September 7, 2015 and they have a 6-month-old child. According to the complainant wife, her husband demanded a motorcycle after the marriage. Thereafter, he left the complainant in Mumbai and went to Dubai for work. In his absence, the complainant alleged that her mother-in-law and sister-in-law harassed her. Even after Imtiyaz came back, his wife was not allowed to stay with him, the FIR states.

Finally, the complainant alleged that she received a WhatsApp message from her husband stating- "Talaq de raha hun main, talaq talaq talaq."

On the other hand, applicant husband's advocate Aamir Shaikh submitted that his client was aware that the talaq given by him in November 2018 was illegal. He also submitted that it was matrimonial dispute and his client wanted to go for mediation.

Court directed the applicant's lawyer to implead the complainant wife as a respondent in the said application and granted bail on a surety of Rs.25,000. Applicant has been directed to deposit his passport within three days and report to his investigating officer on August 20, 21 and 22.

Applicant has also been directed not to put anything derogatory against the complainant on social media.

Next date of hearing is August 28.

Click Here To Download Judgment

[Read Judgment]