Bombay HC granted anticipatory bail to a man, who had approached the court after his wife lodged a case against him for trying to divorce her under the now-banned triple talaq practice. (Express Photo by Pradeep Kocharekar/File)The Bombay High Court on Tuesday granted anticipatory bail to a man, who had approached the court after his wife lodged a case against him for trying to divorce her under the now-banned triple talaq practice.
Justice Prakash D Naik held that it is a case of matrimonial dispute and the custodial interrogation of the husband, Intekhab Munshi, was not required, as most of the probe at this stage depends on documental facts.
On October 23, a case had been registered by Munshi’s 40-year-old wife. In the police complaint, the woman had said that Munshi had pronounced talaq, which has been made punishable under the Muslim Women (Protection of Rights of Marriage) Ordinance, 2018. She told the police that she received a third notice of talaq on September 22, 2018, saying that her husband has given “talaq-e-ahsan” in which it was mentioned that the earlier two notices had been received by her.
Munshi’s lawyer told the court that the three notices were sent by Munshi, in July, August and September.
The woman’s lawyer, Amin Solkar, told the High Court that she had not received the earlier two notices. The wife also told the police that there was no reason for Munshi to pronounce talaq and she had not been given an opportunity for compromise or reconciliation. The couple got married in 1998 and have three children.
On Tuesday, the court also said that it is for the trial court to decide on the notices sent by Munshi. It imposed certain conditions on Munshi’s bail, including to be present before the IO every Saturday for two hours for the next two months.
On September 19, the Centre had approved the Muslim Women (Protection of Rights of Marriage) Ordinance, 2018, that makes triple talaq a criminal offense, punishable with a jail term of up to three years and a fine.
