“Parties want to bury differences, Talaq is applicable & acceptable to both”: Allahabad high court quashes criminal proceedings against Husband

18Jan,2021

“Parties want to bury differences, Talaq is applicable & acceptable to both”: Allahabad high court quashes criminal proceedings against Husband

Noting the very known fact, that parties which are husband-wife acknowledged the Talaq in an affair, the Allahabad high court noted that the Talaq will now be considered as “Khula Talaq”.
The bench of justice Dr. Kaushal Jayendra Thaler and justice Gautam Chowdhary heard an appeal under the article 226 of the Indian constitution, by one Mohammad Gufran, accused of committing offenses under u/s 497-A, 494, 323, 504,506 IPC, 3/4 Dowry prohibition act, 1961 and 3/4 Muslim women (Protection of rights on marriage) act, 2019. A muslim husband’s prouncement of triple Talaq on his wife was made good and illegal under Section 3 of the Muslim women (protection of rights on marriage)Act, 2019.
A Muslim husband who prounounces Talaq on his wife, as alluded to in Section 3, may also be punished with imprisonment for a period of up to three years under Section 4 of the act.
The petitioner along with his wife, stated before the court that they want to bury their differences that arose in their marriage and that they have accepted the Talaq.
Since the parties belong t the Muslim faith, they have acknowledged the Talaq that will now be converted into a Khula Talaq according to the Muslim personal law (shariat) application act, 1937 and the Muslim women (protection of divorce rights act), 1986.
The bench headed by justice D.Y. Chandrachud held that it would be at the discretion of the court to grant the defendant during ad-interim relief from the suspension of the anticipatory bail request, having given notice to the Muslim woman who was married.