"Settling Disputes Through Mediation Possible": Bombay HC Grants Anticipatory Bail To Man Who Allegedly Gave 'Triple Talaq' On SMS

Noting that it is possible to settle the disputes and differences between the husband and the wife through mediation, the Bombay High Court last week granted anticipatory bail to a man booked for pronouncing triple talaq to her wife by way of sending an SMS. The Bench of Justice Sandeep K. Shinde was hearing the anticipatory bail plea of one Adnan Iqbal Moulvi booked for offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019 at the instance of his wife. In her complaint, the Wife had averred that she married Moulvi in April 2015 and after 1 month of the marriage, her mother in law and her husband started harassing her mentally & physically for money and was asked to bring Rs.10,00,000/- from her parental house. She further alleged that her mother in law & father in law used to beat her and also when she went to her in-laws house for some work with her husband, her father-in-law used to insult & abuse her. Lastly, she alleged that on May 29, her husband sent her a text message pronouncing triple talaq and after few days, when she called her husband to take her back home, her husband told her that she would be brought back only if she gets Rs.10 lakhs from her parents. Hearing his bail plea, a Sessions Court at Dindoshi, Mumbai had earlier refused to grant him anticipatory bail and that is how he approached the Bombay High Court. Hearing his bail plea, the Court noted that the only ground on which, the applicant was denied pre-arrest protection was, that the ornaments of the complainant are in the custody of the applicant, for which according to the learned Judge, a detailed investigation was necessary. The Court observed that the only ground for denying pre-arrest bail by the lower court was that the husband had his wife's ornaments in his custody due to which detailed investigation was necessary. "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 granting him bail.Case title - Adnan Iqbal Moulvi v. The State of Maharashtra and anr.Click Here To Download OrderRead Order

"Settling Disputes Through Mediation Possible": Bombay HC Grants Anticipatory Bail To Man Who Allegedly Gave 'Triple Talaq' On SMS

Sparsh Upadhyay

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