The Bombay High Court has granted pre-arrest bail to a man accused of giving triple talaq to his wife through SMS. “It is possible to settle the disputes and differences through mediation,” it said.
The wife, 32, was working with a well-known airline as an air hostess. She was made to quit her job by her in-laws after she got married. She alleged that her mother-in-law harassed her and forced her to get ₹10 lakh and jewellery from her maternal home. She also stated that after her husband, Adnan Moulvi, 32, goes to work, her brother-in-law would come home and speak to her in vulgar language and touch her inappropriately. She also learnt that her husband was having an affair.
On May 29 last, when she was at her parents’ home, Mr. Moulvi sent her an SMS, saying, “Main apne hosh aur awaaz mein tumko talak deta hu, talak deta hu, talak deta hu [In all consciousness, I divorce you]”.
She then registered an FIR against him and his family members under sections 498 A (husband or relative of husband of a woman subjecting her to cruelty), 354 (assault or criminal force to woman with intent to outrage her modesty) and other sections of the Indian Penal Code and the Muslim Women (Protection of Rights on Divorce) Act.
On July 29, 2021, the Sessions Court rejected the husband’s anticipatory bail. However, on August 11, the bail was granted to his family members. Mr. Moulvi then moved the High Court seeking pre-arrest bail.
The court said, “The applicant [Mr. Moulvi] and the complainant [wife] were blaming each other for the marital discord and, therefore, it is a matrimonial dispute. The only ground on which the applicant was denied pre-arrest protection is, that the ornaments of the complainant are in the custody of the applicant, for which according to the sessions Judge, detailed investigation is necessary.”
Justice Shinde went on to state, “Having regard to the general nature of allegations against the applicant and his relatives that, they were demanding money from her and for not fulfilling their demands, she was subjected to harassment, in my view, it is possible to settle the disputes and differences through mediation.”
