Bombay High Court grants anticipatory bail to 33-year-old man from Mumbra in triple talaq case

The Bombay High Court granted anticipatory arrest bail to a Mumbra resident in Maharashtra who was booked under the Muslim Women (Protection of Marriage) Act according to reports.

According to Hindustan Times, the 33-year-old accused man, Imtiyaz Patel, was charged with having given instant triple talaq on 30 November 2018. He approached the Bombay High Court seeking anticipatory bail saying that it was a matrimonial dispute with his wife and he was ready to go for mediation.

However, the court on Thursday asked him to deposit his passport with the investigating officer. It also directed him to not put anything ‘derogatory’ against his wife on social media.

This is the first case in the state filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019 as reported by the Indian Express. The case was filed by Mumbra police against the man, his mother and sister, with other sections including 498A (cruelty to women), 506 (criminal intimidation) and 34 (common intent) of the Indian Penal Code.

On 5 August, the Thane sessions court granted anticipatory bail to the accused’s mother and sister and had rejected the man’s anticipatory bail plea ‘considering the seriousness of the case’.

The Bombay High Court single bench comprising of Justice Revati Mohite Dere heard the application of the accused and was informed by advocate Aamir Shaikh that his client, in anger had allegedly pronounced instant talaq through a phone message to his wife.

According to the woman’s complaint, on 30 November 2018, she received a WhatsApp message from her husband’s number, giving her for a divorce by saying, “Talak dera hu main tko talak talak talak.” The accused alleged that the FIR filed by the police was an “afterthought” and that the allegations against him of harassment were false.

The accused's advocate informed the court that though the instance of instant talaq had occurred last year, the police booked his client 'retrospectively'. However, he was not seeking anticipatory bail on those grounds as he wanted to go for mediation to ensure that his six-month-old son is provided for.

The case has been adjourned for hearing and will be taken up on 28 August.

With inputs from agencies