No bar on granting anticipatory bail to man accused under triple talaq law: SC

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.

The top court also said the husband’s relatives can’t be booked under Act as the offence can 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.

It reversed the order of the High Court of Kerala which had rejected the anticipatory bail of the accused.

An offence under the Act was by the Muslim man who pronounced instant talaq upon his wife and not the mother-in-law of the complainant, the Bench said, granting bail to her.