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Justice Prakash Deu Naik Monday reserved the order on the application filed by Vasai resident Intekhab Alam Munshi seeking anticipatory bail after his wife lodged a case against him for trying to divorce her by resorting to the now banned ‘instant talaq’ method.
The Centre had on September 19 approved the Muslim Women (Protection of Rights of Marriage) Ordinance, 2018 that makes triple talaq a criminal offence punishable with a jail term of up to three years and a fine.
According to the FIR lodged by Munshi’s wife on October 23, he pronounced instant talaq on September 22 by sending her a notice through a lawyer.
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“On September 22, he (Munshi) sent her third and final notice of divorce,” he said.
The woman’s lawyer, Amin Solkar, however, claimed that she did not get the first two notices.
The couple got married in 1998 and have three children.
In May this year, Munshi took his wife to her parents’ home and in July filed a suit in a civil court in Vasai seeking decree to divorce.
Even as the suit is pending, on September 22 the woman received a notice claiming that her husband had divorced her through “talaq-e-ahsan”, the legal marriage annulment option for Muslims which leaves room for reconciliation.
The woman, on October 23, lodged an FIR against her husband under the new Ordinance and claimed that her husband had not divorced her as per “talaq-e-ahsan” but had actually pronounced the banned “talaq-e-biddat”.
In her complaint, the wife said the divorce notice had not specified a reasonable cause and she was also not given an opportunity for compromise and reconciliation with her husband.
Her lawyer Solkar said these were crucial ingredients of “talaq-e-ahsan”.
Last month, a sessions court in Palghar had rejected Munshi’s pre-arrest bail plea after observing that he had failed to demonstrate that the talaq given by him was “talaq-e-ahsan”. Following this, Munshi approached the high court.