The Supreme Court has said that under the Muslim Women (Protection of Marriage Rights) Act, 2019, there is no restriction on granting anticipatory bail to the accused. At the same time, the court also said that before accepting the anticipatory bail petition, the court must also hear the complainant’s side.
Explain that under this law, the practice of breaking the marriage of Muslims as ‘three divorces’ at one go has come under the purview of a punishable offense. A Muslim husband can face a jail term of up to three years.
A bench headed by Justice DY Chandrachud referred to the relevant sections of the law and the provisions of the Code of Criminal Procedure (CRPC), which deals with instructions to grant bail to a person in case of apprehension of his arrest. Justice Indu Malhotra and Justice Indira Banerjee were also part of the bench.
The bench said that for the above reasons, “We have come to the conclusion that upholding Section 7 (c) of the law and Section 438 of the CrPC, there is no bar on granting anticipatory bail petition to the accused for the offense under this law.” However, before granting anticipatory bail to the court, the complainant must also listen to the married Muslim woman. ”
The apex court said this while granting anticipatory bail to the mother-in-law in the case of harassment of a woman. The woman had filed an FIR in August last year alleging that her husband had divorced her thrice in their house.
Ruled against the order of the Kerala High Court
The bench was hearing an appeal filed against the order of the Kerala High Court, in which the court refused to grant anticipatory bail to the woman.
Nidhi Malviya is fun loving girl. She writes at NoobFeeds about various topics related to Finance, Technology, Business etc.