Ambika bhardwaj
Published On: January 12, 2022 at 15:35 IST
A man has been given pre-arrest Bail as he is accused of invoking ‘triple talaq’ via SMS. There are matrimonial issues between the two parties. The wife has lodged a Domestic Violence Act proceeding before the Court of Metropolitan Magistrate on June 23, 2021.
According to the Court, the accused issued a notice for restitution of conjugal rights, which was responded to by his wife. The Court also observed that the woman had filed an application for maintenance as well as started proceedings for dissolution of marriage.
“Even though it is suspected that the applicant pronounced triple talaq via SMS, custodial interrogation of the accused husband is not essential.”, the Court stated.
On April 25, 2015, the marriage took place. She began living with her husband’s family in Panvel after their marriage. She quit her job as an air hostess in a reputable airline because her in-laws used to forbid her from working. The woman told the Court, through her lawyer Adnan Shaikh, that her mother-in-law began tormenting her.
Despite her husband’s assurances, things did not change and her family began requesting Rs 10 lakh from her. Shaikh informed the Court that pest control would be performed at their home on May 22, 2021.
After that, however, the husband rejected to take her home without the money that the family had requested. Because the woman’s family was unable to arrange the funds, the husband sent the ‘talaq SMS’ from his cellphone on May 29, 2021.
The husband’s lawyer, Ali Kaashif Khan Deshmukh, informed the Court that the FIR was fake. “The conflict stems from matrimonial disagreements. There have been no prior complaints. The complainant claims that she and her husband were living apart from his parents. The regulations of the Muslim Women (Protection of Rights on Divorce) Act, 2019, do not preclude the granting of Anticipatory bail.”
Deshmukh claimed that the woman’s chats had been manipulated and that SMS sent by the informant were not there. He also emphasised that the husband had made no monetary demands.
Also read: All about Triple Talaq