Delhi Court Grants Bail In One Of The Two Triple Talaq Cases Registered

Two Muslim women belonging from Azad Market area and Gandhi Nagar area in Delhi have filed cases of Triple Talaq in the last week. While Raima Yahya from Azad Market filed her complaint against her husband, who allegedly gave her instant divorce in June this year, on Friday, another woman from Gandhi Nagar lodged a FIR on Saturday. Both the cases have been registered under the newly formulated Muslim Women (Protection of Rights on Marriage) Act 2019 which criminalised Triple Talaq.

Yahya alleged in her complaint that her husband, Atir Shamin pronounced Talaq thrice and divorced her along with sending her a ‘Fatwa’ on WhatsApp on June 23 this year. She married Shamin in November, 2011 and he runs a shop in Kamla Nagar in North Delhi. This is the first case of Triple Talaq registered with the Delhi Police after the practice was outlawed. After the complaint, the police arrested Shamin and charged him with a case under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act 2019.

“A woman had filed a complaint in Bada Hindu Rao police station yesterday that her husband gave instant talaq to her by pronouncing ‘talaq’ three times. We have registered a case against the husband under the new laws and arrested him,” Nupur Prasad, Deputy Commissioner of Police (North), told ANI.

Yahya also told the police that she was being harassed for dowry by her husband and his family. On the day, he gave her divorce, he along with his family entered her room and they forced him to give Triple Talaq to her.  After he divorced her, his family allegedly threw her and her six-year-old child out of the house, she claimed in her complaint.

On Saturday, Duty Magistrate Dinesh Kumar granted bail to Shamin and directed him to deposit a personal bail bond of Rs 30,000 and two sureties of like amount. Advocates Bharat Bagga and Rishabh Kumar, representatives of Shamin, told the court that it was a false case and that this is originally a case of matrimonial dispute. “There is matrimonial dispute between the parties due to which the complainant made a false complaint and misused the process of law,” they argued, TNIE reported.

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However, Yahya’s counsel, Rashid Hashmi, retorted saying that there are serious allegations against the accused. “The complainant (wife) was subjected to cruelty when she was staying with the accused... His family members used to torture the complainant,” the lawyer said.

Apparently, Yahya had filed a complaint against family’s cruel behaviour in April this year but had to retract it after the family forced her by assuring that they won’t trouble her any further. “To save her marriage, she withdrew the complaint on April 4. Thereafter on June 23, the accused came to her and pronounced triple talaq and asked her to leave the house,” said Hashmi.

Yahya alleged in her complaint that Shamin pronounced Talaq thrice and divorced her along with sending her a ‘Fatwa’ on WhatsApp on June 23 this year.

One of Yahya’s relative alleged that Shamin’s financial situation was not favourable and he consistently forced her to ask for money from her parents.

Meanwhile, a Gandhi Nagar resident Babli lodged a complaint during the same time alleging that her 22-year-old husband, Arif Malik, also gave her divorce by uttering Talaq thrice. She told the police that they got married in 2015 when his family had told her family that Malik was an MBBS doctor. However, after marriage she got to know that it was untrue. Additionally, he along with his family also started demanding more dowry from her leading to tension between her and his family. She claimed that Malik demanded a car and fought over it after which Babli departed to her matrimonial house in Loni about eight months ago.

Recently, Malik called her back and she returned on Saturday. On her return, he again raised the demand of a car. When she refused, he allegedly pronounced Talaq thrice and asked her to return.

Picture credit: One India