Barmer man first from Raj to be booked for triple talaq

The Barmer police on Wednesday registered a case under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, against a man for declaring talaq on his wife in written form after declaring it on phone.

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, promulgated on September 19, makes all declaration of talaq-e-biddat (triple talaq), including in written or electronic form, to be void and illegal. In Muslim personal laws, a man can use the word ‘talaq’ thrice in one sitting to end marriage instantly and irrevocably. The Ordinance made declaration of talaq a cognisable offence, attracting up to three years of imprisonment, along with a fine.

“We registered a case under section 3/4 of the Muslim Women (Protection of Rights of Marriage) Ordinance 2018 against Saleem Khan and his three relatives,” said Sanjana Kumari, sub-inspector at Balotra police station.

Saleem Khan, his father Mohammad Sultan, his brother Ramzan Khan and his sister Jaheena Khan have been booked also for subjecting Saleem Khan’s wife Salma Bano to cruelty, criminal breach and for voluntarily causing hurt, under different sections of the Indian Penal Code, the police officer added.

Salma Bano, who hails from Balotra town, told police that her husband had declared talaq on her by uttering the word thrice over telephone on September 15, when she was at her parents’ house.

She went to police against this, aware that the Modi government had made this an offence.

“On September 23, I was called to the police station where my husband was also present. In the presence of police, he declared talaq in written form,” Bano said. (HT has a copy of this written talaq.)

She said she has been married for 23 years. “After 10 years of marriage, my husband and in-laws began torturing me to demand ₹15 lakh as dowry. A few months ago, my husband left me. I came to my parents’ house,” Bano said.

“When Modi ji has brought a law to ban triple talaq in India then how my husband could do this,” she asked.

BARMER: JUSTICE AK SIKRI, in the majority judgment