Bombay High Court Grants : Pre-arrest Bail To Man In 'Triple Talaq via SMS' Case

A man, who had earlier been granted interim protection, has been granted a pre-arrest bail by the High Court of Bombay after being accused of invoking ‘triple talaq’ through an SMS.

The Court saw that the accused husband had "issued notice for restitution of conjugal rights, which was replied to by his wife.

There are matrimonial differences between both parties. The wife has filed proceedings under Domestic Violence Act before the Court of Metropolitan Magistrate on 23rd June, 2021."

The Court also noted that the woman has preferred an application for maintenance as well & that she had initiated proceedings for dissolution of the marriage.

"Although it is alleged that the applicant has pronounced triple talaq via a cellphone message, custodial interrogation of the accused husband is not necessary," the Court said.

The woman had married the accused on 25th April, 2015. After the marriage, she started residing with her husband's family in Panvel. She gave up her job as an air hostess at a reputable airline as her in-laws restrained her from working.

The woman, through her lawyer Adnan Shaikh, told the Court that her mother-in-law started mistreating her. Although her husband assured her that things would become better, they did not & the family started asking her to get Rs 10 lakh. Shaikh told the court that on May 22, 2021, pest control was being done at their house. So, she was told by the family to take their son & go to her parents’ residence.

However, after that, the husband refused to bring her home without the money that the family had sought. Since the woman's family could not arrange the money, on May 29, 2021, the husband sent the ‘talaq SMS’ from his cellphone.

Advocate Ali Kaashif Khan Deshmukh, representing the accused, told the court that the FIR was concocted. "The dispute is on account of matrimonial differences. There are no previous complaints. The complainant has alleged that she was residing along with the husband separately from his parents. There is no bar to granting anticipatory bail under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 2019. They have a joint account in a bank & joint credit cards. The chats exchanged between the parties shows that the woman is in possession of jewellery. Custodial interrogation of the applicant is not necessary."

Deshmukh alleged that the chats relied upon by the woman were manipulated & that messages sent by the informant were missing. He also stressed that there had been no demand for money by the husband. Deshmukh also alleged, "The woman started quarrels under the influence of her mother. She left for her parents’ house with their child & some jewellery from her in-laws’ home. "

News Courtesy By : Latest Law.