Mumbai Court , Additional Sessions Judge , MH Pathan A 28-year-old unemployed man's plea for anticipatory bail has been turned down by a Mumbai Sessions court. The man is facing accusations of divorcing his wife by pronouncing "talaq" three times.
The single-headed bench of Additional Sessions Judge MH Pathan remarked that, "There are specific allegations against the husband, he has given talaq to his wife by uttering “talaq, talaq, talaq”, though it is against the law. Her husband used to bring one lady at home and used to harass her. Therefore, he is not entitled to be released on bail."
The case was filed against the man by his wife on June 5, 2023. According to her complaint submitted to the Mumbai Police, the woman's marriage with the accused occurred in accordance with Muslim traditions. Following the marriage, she moved into the man's residence. She also stated that her parents provided her with various items such as ornaments, utensils, and money, all of which she took with her to her husband's house.
After some time of marriage, the husband and his family allegedly demanded additional cash to buy a motorcycle and more ornaments. This escalated into physical assaults on her, the woman said.
The woman alleged that her husband was involved in an extramarital affair, which she opposed vehemently.
Further, claimed that the man had even brought the other woman to their residence, and when she raised her voice, her mother-in-law and sister-in-law assaulted her.
The woman, however, registered a report with the local police station in the eastern suburb of Mumbai.
The complaint mentioned that on April 26, when the woman, accompanied by her mother and sister, returned to her husband's house, her in-laws forbade her from entering and her husband divorced her by uttering “talaq” thrice.
The woman then moved to Sahar police station and filed an FIR under Indian Penal Code sections 498A (husband or relative of husband of a woman subjecting her to cruelty), 504 (intentionally insulting someone) and relevant provisions of the Muslim Women (Protection of Rights on Marriage) Act.
The man, along with his mother and sisters, sought anticipatory bail from the court.
While the court partially granted the request for the mother-in-law and sisters-in-law due to the general nature of the allegations against them, it categorically denied any relief to the husband.
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