Srinagar Court Orders FIR Against Man For Illegally Pronouncing Triple Talaq, Directs Police To Act On Wife's Complaint

In a significant development, the 1st Additional Munsif, Srinagar, has directed the Station House Officer (SHO), to register an FIR against the respondent under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the illegal pronouncement of instant triple talaq (talaq-e-biddat).The directions came in response to a application filed by the complainant Invoking Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking judicial intervention in the face of police inaction in registerering a FIR under Section 4 of the Muslim Women Act and proceed as per law.The Judicial Magistrate Zirgham Hamid said that after conjointly reading the action taken report and preliminary enquiry conducted by the police it is clear that a cognizance offence is committed under section 4 of the Act.The court noted that although the divorce notice send by the respondent husband had written Talaq-e-Ahsan (valid form of talaq) however, the careful reading revealed that it had effect of pronouncing instant triple talaq upon the complainant.The court added that any talaq having effect of instantaneous and irrevocable talaq is criminalized under the act and also made expressly cognizance under section 7 of the said act.The complainant had also alleged a prolonged and grievous history of domestic violence, dowry harassment, and coercive control, both in India and abroad in Riyadh, Saudi Arabia, where she lived with her husband for a period.The complainant was married to the respondent in August 2019 and accompanied him to Saudi Arabia shortly thereafter. While abroad, she alleged being subjected to physical and emotional abuse, including being forced into an abortion through assault and medication.She was later sent back to Kashmir in early 2020, where abuse allegedly continued at the hands of her in-laws. Despite multiple reconciliatory attempts, including another return to Riyadh in July 2022, she was again abandoned in September 2022.In September 2024, the complainant was served a talaq-e-biddat notice by her husband a form of instant triple talaq, which has been declared illegal and criminalized under the Muslim Women (Protection of Rights on Marriage) Act, 2019.She filed a formal complaint with the local police in December 2024, alleging cognizable offences including cruelty (Section 85 BNS), criminal intimidation, and illegal pronouncement of talaq, but no FIR was registered despite follow-ups with senior police officials.APPEARANCE Mueed-Ul-Islam, Advocate For ComplainantClick Here To Read/Download Order

Srinagar Court Orders FIR Against Man For Illegally Pronouncing Triple Talaq, Directs Police To Act On Wife's Complaint

Aleem Syeed

Tags