In a reprieve for a police sub-inspector (PSI) of the Mumbai Police, booked for giving 'triple talaq' to his second wife, the Bombay High Court on Tuesday granted him pre-arrest release. The cop had texted "talaq" thrice on his wife's cell phone.
A bench of Justice Bharati Dangre opined that the cop could be released on bail as the offense of triple talaq is a bailable one. The bench has ordered Khan to pay Rs 25,000 as a surety.
The bench was dealing with the anticipatory bail application filed by Yusuf Khan (name changed), booked for rape, unnatural sex and criminal intimidation along with the relevant provisions of Muslim Women Protection Act for giving triple talaq to his second wife.
The wife, alleged that Khan was already married and had two children from his first wife and despite this, he married her as per the Muslim custom and practice in December 2018. She further claimed that she conceived in January 2019 but was forced to abort the pregnancy forcibly. She again conceived and then delivered a girl in December 2019.
"Thereafter, Khan forwarded a message on her mobile pronouncing ‘Talaq’ by sending message on three occasions resulting into dissolution of marriage and then started avoiding her and refused to take care of the newly born daughter," the counsel for the wife, argued.
Having heard the contentions, Justice Dangre noted that the wife never alleged that she was forced to maintain sexual relationship with Khan. "She has admitted that this was done after the marriage. The further allegation is that she was divorced on phone by reading Talaqnama at the instance of Khan, which would attract different offence and since provisions of Muslim Women Protection Act is now added and the same is a bailable offence," Justice Dangre said.
"According to the wife, she had the sexual relations with Khan, only after performing the marriage as per the Muslim customs, thus no rape case is made out. In these circumstances, no custodial interrogation is necessary and moreover there are no chance of Khan fleeing, since he works as a PSI," Justice Dangre added, while granting him release.