Triple talaq case: Bombay High Court to decide on man’s pre-arrest bail plea today

Mumbai: The Bombay High Court will on Tuesday pass its order on an anticipatory bail plea filed by a Muslim man accused of giving instant divorce – triple talaq to his wife. A single-judge bench of Justice Prakash Naik reserved his order on the application filed by Intekhab Munshi, who has sought anticipatory bail. He petitioned the HC after his wife lodged a criminal case against him for attempting to give her divorce through the now banned triple talaq.

Munshi, a resident of Vasai was accordingly booked under the provisions of the Muslim Women (Protection of Rights of Marriage) law. The law, by way of an ordinance which criminalises triple talaq was passed in September this year. The bill provides for three years rigorous imprisonment for Muslim men, who divorce their wives through the banned triple talaq method. Munshi was booked in accordance to the First Information Report (FIR) lodged by his wife on October 23, accusing him of divorcing her by pronouncing triple talaq.

She claimed her husband had not divorced her as per ‘talaq-e-ahsan’ and instead pronounced the banned ‘talaq-e-biddat’ (triple talaq). According to the Muslim personal laws, talaq-e-ahsan provides for reconciliation between the couple. Having being booked, Munshi then approached a court in Palghar seeking pre-arrest relief, however, his plea was turned down by the court, after which, he approached the HC.

During the course of hearing, Munshi’s advocate Vincent D’Silva informed Justice Naik that his client has followed the due procedure of law before giving the divorce. “He sent three notices, one in July, one in August and the final one in September. When there was no response, he finally gave divorce,” D’Silva said. On the contrary, the counsel appearing on behalf of Munshi’s wife argued that the wife did not receive a single notice. “All the dates on which he allegedly sent notices, are manipulated.

My client received the final notice on September 22 i.e. few days after the ordinance was passed,” argued advocate Amin Solkar, appearing for the wife. The couple got married in 1998 and have three children. In May this year, Munshi took his wife to her parents’ house and subsequently, sent notice for divorce in in July after filing a suit in a Vasai court, seeking decree of divorce.

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