The Delhi High Court has granted anticipatory bail to a man accused of pronouncing ‘triple talaq’ on his wife subject to his joining the investigation of the case as and when directed.
Justice Mukta Gupta also directed the man to deposit ₹4 lakh with the Registrar General of the High Court within six weeks, half of which will be set aside towards the upbringing of his two daughters.
“The petition is disposed of directing that in the event of arrest, the petitioner be released on bail on his furnishing personal bond of ₹25,000 with one surety bond of the like amount subject to the satisfaction of the Arresting Officer/SHO concerned,” the court ordered.
The judge also directed the man to inform the concerned court in case of change of mobile number or the residential address.
The man had on March 18, 2020 allegedly pronounced ‘triple talaq’ and later performed a second marriage. His wife has filed an FIR under Section 498A (cruelty to a woman by her husband or any relative of her husband) and Section 4 (punishment for pronouncing talaq) of the Muslim Women Protection of Rights on Marriage Act, 2019 at the Mangol Puri police station here.
The man, in his plea, claimed that the allegations against him are “false and fabricated” and that he has never pronounced ‘triple talaq’ on his wife. He claimed that the woman is still his legally wedded wife. He said his wife is “habitual in creating nuisance at her in-laws’ place and left the matrimonial home to go to her parental house and lodged this false and fabricated FIR”.
On the other hand, the woman in her FIR stated that she got married to the man in October 2009 as per Muslim rites. She said that in the marriage, her parents spent beyond their capacity to fulfil all the demands of her husband and in-laws.
She claimed that at the time of marriage, she was informed that her husband was running a medical store. But after marriage, it was revealed that the medical store was of her brother-in-law and the husband was unemployed.
The woman also claimed that she was asked to bring money so that the husband could do some work. When she gave birth to a girl child, she was threatened to be killed and cursed and in order to save her matrimonial life, her parents gave her ₹2 lakh.
On the birth of the second girl child in 2013, things got worse and her father had to arrange for a rented accommodation in Delhi and for all household expenses, the woman said.
The woman had earlier also given her complaints to the Delhi Commission for Women (DCW) as also to the Superintendent of Police, Baghpat but no action was taken.
The High Court ordered that the “remaining amount of ₹2 lakh which would be lying deposited in fixed deposit before this court will be subject to the final outcome in the trial or any settlement arrived at between the parties”.
