Barmer court rejects bail plea in triple talaq case
A court in Barmer has rejected the bail plea of a man arrested under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 for declaring talaq on his wife in written form after pronouncing it over the phone.
On September 26, Balotra police in Barmer had lodged a case against Saleem Khan – the first in Rajasthan under the ordinance – for giving talaq to his wife Salma Bano and arrested him on September 30.
The sessions court rejected the man’s argument he had given the talaq before the ordinance was promulgated on September 19. The court said it is too early to decide the case on the ground that the talaq was given prior to the ordinance came into existence.
The case was registered against Saleem Khan, his father Mohammad Sultan, brother Ramzan Khan and sister Jaheena Khan under section 3/4 of the Muslim Women (Protection of Rights of Marriage) Ordinance 2018. The police also registered the case against them for subjecting Bano to cruelty, criminal
BARMER:
breach and for voluntarily causing hurt under sections of the Indian Penal Code.
Bano told police that Saleem had declared talaq on her by uttering the word thrice over telephone on September 15 when she was at her parents’ house. She said she has been married to Saleem for 23 years and alleged that after 10 years of the marriage, her husband and in-laws began torturing her and demanded ~15 lakh as dowry. Bano has three children -- two sons, aged 18 and 12, and a 15-year-old daughter.
Balotra police produced Saleem before the court of addi- tional chief judicial magistrate court on October 1.
The court had rejected Saleem’s bail plea. His advocate had then argued that the triple talaq was given become ordinance was promulgated. A bail application was then filed before the before the district sessions court, which rejected it.
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, makes declaration of talaq, including in written or electronic form, to be void and illegal. The Ordinance made declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.