Bombay High Court grants anticipatory bail to man accused of pronouncing 'triple talaq' over text SMS
The Mumbai High Court granted early bail to a man accused of sending a triple talaq pronunciation (Adnan Iqbal Moulvi v. Maharashtra state) to his wife via text message.
The wife stated that the couple married in April 2015 and even had children. She claimed that her husband and in-laws harassed her mentally and physically for money, up to 10 lakh rupees.
On May 22, she was asked to go to her parents' house. Five days later, her husband sent her a text message saying talak .
In her complaint, the police searched her husband under section 498A (Cruelty) of the Indian Penal Code and section 4 of the Muslim Women's Law (Protection of Divorce Rights) (immediate triple talaq).
The Dindoshi Sessions Court in Mumbai refused to grant him the expected bond on July 29, 2017, and he has since applied to the High Court for help.
Judge Sandeep Shinde noted that the only reason for the lower court to reject bail prior to arrest was that the husband was keeping his wife's accessories, thus requiring a detailed investigation.
The court held that dissatisfaction with husbands and in-laws can be resolved through mediation, because the general nature of the allegations is that women are harassed for money.
The court recognized this when Yogita Joshi, the plaintiff's defense attorney, took time to accept instructions. However, it also allows the bond provided for the husband.