new Delhi: The Supreme Court has clarified that under the Muslim Women (Protection of Marriage Rights) Act 2019, there is no restriction on granting anticipatory bail to the accused of triple talaq. The court, however, said that before accepting the anticipatory bail plea, the court would also have to listen to the complainant’s victim. Also Read – Delhi Metro Traffic Alert: Pay attention before going out in New Year, due to congestion, the exit gates of these Metro stations closed
It is worth mentioning that under this law, the practice of breaking marriage by saying ‘triple talaq’ at one time among Muslims has come under the purview of a punishable offense. A husband who breaks a relationship by calling the wife a triple talaq can face a jail term of up to three years. Also Read – Big decision of Supreme Court – Your Gratuity money can be stopped, know the reason
A bench headed by Justice DY Chandrachud referred to the relevant sections of the law and the provisions of the Code of Criminal Procedure (CRPC) which pertains to the instructions for granting bail to a person in the event of apprehension of his arrest. Justice Indu Malhotra and Justice Indira Banerjee were also part of the bench. Also Read – Nepali PM Oli’s problems may increase, Constitution Bench will hear against dissolution of Parliament
The bench said, “For the above reasons, we have come to the conclusion that by upholding Section 7 (c) of the law and Section 438 of the CRPC, on granting anticipatory bail petition to the accused for the offense under this law There is no restriction, although the complainant must also listen to the married Muslim woman before granting anticipatory bail to the court.
The apex court said this while granting anticipatory bail to the mother-in-law in the case of harassment of a woman. The woman had filed an FIR in August last year and alleged that her husband had divorced her thrice in their house. The bench was hearing an appeal filed against the order of the High Court of Kerala, in which the court refused to grant anticipatory bail to the woman.