High Court cancels FIR & Triple Talaq case

Lokmat News Network

Chhatrapati Sambhajinagar: The Aurangabad Bench of the Bombay High Court, comprising Justice Vibha Kankanwadi and Justice Sanjay Deshmukh, cancelled the First Information Report (FIR) of the ‘Triple Talaq’ incident registered at Bhusawal Bazaarpet Police Station in Jalgaon and the corresponding case filed under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act in the court of the Judicial Magistrate First Class (JMFC) at Bhusawal.

According to Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, ‘Talaq-ul-Biddat’ (immediate and irrevocable) divorce is punishable.

“Talaq-e-Ahsan, in which the plaintiff divorces the wife within a period of three months, is not punishable,” the accused husband argued. Accepting these arguments, the bench passed the above order.

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What was the case?

The complainant lodged a complaint against her husband at Bhusawal Bazarpeth Police Station on August 31, 2023. The complainant was married on August 29, 2021. She alleged in the complaint that her husband had violated Section 4 of the Muslim Women (Protection of Marriage) Act by divorcing her through ‘Talaq-e-Ahsan’ on June 22, 2023, July 25, 2023 and August 23, 2023, after a family dispute. The police filed a chargesheet in the court of the JMFC-Bhusawal after investigation.

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Husband knocks door of court

The accused husband filed a criminal application in the HC bench through Adv Naseem R Shaikh, requesting the cancellation of the FIR and the case against him. Adv Shaikh presented various judgments in support of his argument. Adv Shaikh was assisted by Adv Faisal Shaikh while Adv S A Gaikwad represented the Government.