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Bombay High Court grants Anticipatory bail to a man who allegedly gave triple talaq to wife on SMS by stating, ‘Settling disputes through mediation possible’

By SONAM SONKAR      01 September, 2021 01:53 PM      0 Comments
Bombay High Court grants Anticipatory bail to a man who allegedly gave triple talaq to wife on SMS by stating, ‘Settling disputes through mediation possible’

Stating that a dispute between the husband and the wife can be dissolved through mediation, the High Court of Bombay granted bail to a man last week for giving Triple Talaq to his wife by sending an SMS to her.

The bench of Justice Sandeep K. Shinde was hearing the anticipatory bail petition of Adnan Iqbal Moulvi who was charged with offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019.

In this case, the wife mentioned that she married Maulvi in 2015 and after one month of the marriage, her husband and in-laws started harassing her mentally and physically and they also used to beat her and even insult and abuse her.

Lastly, she stated that on May 29, 2021, her husband gave her Talaq by sending a text message pronouncing Triple Talaq, and he told her that she would be brought back only if she gets ₹ 10 lakh from her parents.

A session court at Dindoshi, Mumbai had refused to grant him anticipatory bail earlier and that is how he came to the Bombay High Court. 

The court noticed that the ground for denying pre-arrest bail by the session court was that the husband had ornaments and or jewelry of his wife in his custody.

A detailed investigation was necessary for this reason. 

"Having regard to the general nature of allegations against the applicant and his relatives that they were demanding money from her and for not fulfilling their demands, she was subjected to harassment. In my view, it is possible to settle the disputes and differences through mediation,” the Bench noted while granting him bail.

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