Man alleged to have given triple talaq granted bail

The Bombay High Court on Tuesday granted anticipatory bail to a man booked under the Muslim Women (Protection of Rights of Marriage) Ordinance that criminalises instant talaq or talaq-e-biddat.

Justice P.D. Naik was hearing a petition filed by Intekhab Alam Riaz Munshi seeking protection from arrest after his plea was rejected by the additional sessions judge in Palghar.

An FIR was registered against Mr. Munshi on October 23 under Section 3 (talaq to be void and illegal), Section 4 (punishment for pronouncing talaq), Section 5 (subsistence allowance), Section 6 (custody of minor children), and Section 7 (offence to be cognisable compoundable) of the Muslim Women (Protection of Rights of Marriage) Ordinance 2018.

Mr. Munshi’s wife (40) complained that she had been married to him since December 1998 and they have three children. She said her husband pronounced talaq which is punishable under the new ordinance.

She also said she had not received two notices from her husband and she received the third notice on September 22, which said her husband had given talaq-e-ahsan. She said the notice issued is in the form of talaq-e-biddat or talaq having the effect of instantaneous and irrevocable divorce. Hence he has committed a breach of the ordinance.

The husband contended that the notices were issued on the proper address and the third notice was also received on the same address, so the wife is deliberately avoiding the service of notices.

The HC, however, said it cannot decide the case at this stage and granted him anticipatory bail. “This is a case of matrimonial dispute. The custodial interrogation of Mr. Munshi is not required as the progress of investigation at this stage depends on documental facts,” the Bench said and directed him to report to the investigating officer every Saturday for two hours for two months.

The lower court on November 21 had rejected the plea. “The husband has prima facie failed to demonstrate that the talaq given by him is talaq-e-ahsan. On the contrary, it appears that it is the talaq prohibited under the ordinance,” the court said.