A Delhi court has dismissed the bail plea of a man accused of giving divorce to her wife by pronouncing divorce three times and observed that over the years, Muslim women in India are living in perpetual fear of being thrown out of their matrimonial homes because a Muslim man if he decides, can end years of marriage just by saying the word Talaq thrice.
“I may observe that over the years, Muslim women in India are living in perpetual fear of being thrown out of their matrimonial homes in no time because a Muslim man, if he decides, can end years of marriage just by saying the word “Talaq” (divorce) thrice, ” the Court said citing Supreme Court order which has considered Triple Talaq unconstitutional as it is against gender law and against the principle of equality.
Additional Sessions Judge Kamini Lau denied bail to Sharafat Hussain.
The Court also noted the Indian Parliament made instant Triple Talaq a criminal offence, by introducing The Muslim Women (Protection of Rights on Marriage) Act 2019.
As per the allegations, the accused Sharafat Hussain had pronounced ‘Talaq’ three times over the phone to the complainant.
The Court noted that the pronouncement of triple talaq has been recorded and saved in the mobile phone of the complainant and in order to obtain an expert opinion, the voice samples of the accused are required.
The Court also was not convinced with the submission of the accused that he wants to save his matrimonial life as such submission was not made before the magistrate Court which has denied him bail earlier in July 2021.
“It is for the first time now perhaps on legal advise, such a submission has been made. The complainant who has appeared via Video Conferencing has specifically stated that no maintenance or subsistence is being by the applicant/ accused for her as well as for the one and a half month child and had left her and alone in a state of destitution,” the Court noted.
The Court also noted that the accused is reported to be residing in Bihar and working in Mumbai and prima facia, it would be difficult to secure his presence during the trial.
“The investigations are still at the initial stages and the voice samples of the applicant/ accused was refused by him and are now to be collected at FSL Rohini on August 24, 2021,” the Court also noted.
“This being the background, I am not inclined to grant any indulgence. The bail application of the applicant/accused Sharafat Hussain is hereby Dismissed, ” the Court said.
