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Rajasthan High Court Stays Arrest Of Man In FIR Alleging Pronouncement Of Triple Talaq

Rahul Garg
5 Jan 2023 9:01 AM GMT
Rajasthan High Court Stays Arrest Of Man In FIR Alleging Pronouncement Of Triple Talaq

The Jaipur Bench of Rajasthan High Court has stayed the arrest of a man accused of pronouncing triple talaq upon his wife.

Issuing notice to the State and the woman, Justice Anoop Kumar Dhand listed the matter for hearing on January 23. "Till then, the petitioner shall not be arrested," said the court.

The order was passed on a petition filed by the accused-husband submitting that the divorce which was pronounced by him upon his complainant-wife did not fall within the definition of ‘triple talaq’ or ‘talaq-e-biddat’ which is punishable under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

He submitted that he pronounced divorce upon respondent his wife by exercising ‘talaq-ul-sunnat’ on three different dates.

The first pronouncement was made on 12.07.2019, as per the registered post receipt, second on 13.09.2019 and the final pronouncement was made on 07.11.2019. The divorce deed was executed on 11.11.2019.

Subsequently in 2022, the wife, after a lapse of three years, filed an FIR for the offence punishable under Section 4 of the 2019 Act.

The husband contended that the FIR was filed in counterblast to the ‘talaq-ul-sunnat’ given by him to his wife, which as per Section 3 of the 2019 Act, is not void, illegal or punishable.

Since the pronouncement of talaq did not have the effect of instantaneous and irrevocable divorce upon her wife, the instant case did not fall within the definition of Section 2(c) of the Act, and hence, no offence under Section 3 of the Act could be made out, argued the petitioner.

Last year, a Muslim woman challenged the constitutional validity of talaq-e-hasan before the Delhi High Court. As per talaq-e-hasan, a Muslim man can divorce his wife by pronouncing 'talaq' once a month for three months.

Advocate Dhananjay Sharma appeared for the petitioner and Public Prosecutor Atul Sharma appeared for the State.

Case Title: Enayat Hashami v. State of Rajasthan and Others

Citation: S.B. Criminal Miscellaneous (Petition) No. 10680 of 2022

Coram: Justice Anoop Kumar Dhand

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