NEW DELHI: A Delhi Court has dismissed the bail application of a man accused of giving divorce to his wife by pronouncing triple talaq, noting that Muslim women in India are living in fear of being thrown out of matrimonial homes because of this form of instant divorce.
Accused Sharafat Hussain had allegedly said 'Talaq' three times to his wife over the phone, following which a case under the Muslim Women (Protection of Rights on Marriage) Act, 2019 was registered against him.
Denying relief to him, Additional Sessions Judge Kamini Lau said, "Over the years, Muslim women in India are living in perpetual fear of being thrown out of their matrimonial homes because a Muslim man if he decides, can end years of marriage just by saying the word Talaq thrice."
The judge also noted that the voice of the accused has been recorded and saved in the mobile phone of his wife in which he is saying talaq three times and in order to obtain an expert opinion, his voice samples are required to be taken.
"This being the background, I am not inclined to grant any indulgence. The bail application of the accused Sharafat Hussain is hereby dismissed," the Judge stated in an order dated July 30.
During the hearing, the complainant stated that no maintenance or subsistence is being provided by the accused for her as well as for the one-and-a-half-month-old child and that he has left her alone in a state of destitution.
Advocate Madhav Chaudhary, representing the accused, told the court that Hussain never gave divorce to his wife and wants to save his matrimonial life.
"It is pleaded that there is a full possibility that the matrimonial life can be saved if the complainant becomes ready to join the company of the accused," he added.
Additional Public Prosecutor Pankaj Bhatia opposed his bail application saying that the accused is not a resident of Delhi and if granted bail, he would not give his voice samples to the police on August 24, 2021.
Notably, the Parliament had made instant Triple Talaq a criminal offence by introducing the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The Supreme Court had also deemed it unconstitutional.
The accused has been arrested under Section 4 of the Act, which prescribes imprisonment for a term that may extend to three years.