The Gujarat High Court granted anticipatory bail to five family members of a man booked for instigating him to divorce his wife using triple talaq. 

The applicants booked for offences under Sections 85, 351(2) and 54 BNS and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act had moved the court seeking anticipatory bail.

The Act prohibits triple talaq, or talaq-e-biddat wherein a husband can instantaneously and irrevocably divorce his wife by pronouncing the word talaq three times. Section 4 states that any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Justice Sanjeev J Thakker in his order noted that the only allegations against the applicants are of supporting the husband. It said that the role attributed to the present applicants is of instigating the husband to give 'talaq' to the complainant wife. 

The court noted that the offences are not punishable with life imprisonment or death penalty, the applicants have no past antecedents. The applicants counsel said that they will not flee from justice and would be available during investigation as well as the trial.

"In the result, this application is allowed by directing that in the event of arrest/ appearance of the applicants in connection with the above-referred FIR, the applicants shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) each with one surety of like amount each on the following conditions that applicants..."the court said. 

Case title: RAHIMABEN ABDULKARIM MANASIYA & ORS. v/s  STATE OF GUJARAT

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