HC airs important verdict in 'talaq' case

Lokmat News Network

Aurangabad, Oct 1:

The Aurangabad Bench of Bombay High Court comprising Justice Sunil P Deshmukh and Justice Nitin B Suryawanshi has recently given an important verdict stating that if a husband gives divorce saying ' talaq' to his wife either orally, in writing, electronic medium or through any other means then the offence of violating the Muslim Women (Protection of Rights on Marriage) Act, 2019 will be filed against him not against his relatives.

According to the petition, a Muslim woman from Beed lodged a complaint against her husband, mother-in-law and sister-in-law at Peth police station for violating the above Act. She stated that her marriage with Momin Abdul Kalim was solemnised as per Muslim traditions and rituals on September 29, 2016. After marriage, the trio started harassing her and demanded to bring Rs 5 lakh from her parents to start a general store. When she failed to fulfil the monetary demand, her hubby Kalim on the insistence of his mother and sister gave divorce to her saying the 'talaq' word thrice on September 1, 2019. Later on, the police filed a charge sheet against all three of them.

Meanwhile, the mother-in-law Farida Begum and sister-in-law Tabassum Momin filed a criminal application in the High Court requesting to scrap the offence registered against them. The panel of Justices observed that the offence could be registered against the husband (giving divorce) under the Muslim Women (Protection of Rights on Marriage) Act, 2019 not against his relatives. Besides, the allegations made against the accused seems to be unclear and suspicious, stated the court.

Adv Sudarshan G Salunke pleaded on behalf of the accused and Adv M M Nerlikar represented the government.