Only Husband Can Be Prosecuted Under Triple Talaq Act, Says Bombay High Court While Quashing FIR Against In-Laws

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Aurangabad, October 2: Asserting that only husband can be prosecuted under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for giving triple talaq, the Aurangabad bench of Bombay High Court quashed an FIR registered against two in-laws of a woman from Beed. The woman accused her husband of giving triple talaq to her. She also alleged harassment and assault by her mother-in-law and sister-in-law. Bombay High Court Acquits Man of Rape Charges, Says 'Victim Is Tutored Witness'.

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The Beed police had booked the woman's husband, mother-in-law and sister-in-law based on the complaint. In addition to different sections of the Indian Penal Code, the Muslim Women (Protection of Rights on Marriage) Act, 2019, was also slapped against the three accused. Subsequently, the woman's mother-in-law and sister-in-law approached the Aurangabad bench of Bombay High Court seeking quashing of the FIR. Triple Talaq Bill Passed: India Joins Pakistan, Saudi Arabia in Outlawing Practice; Check List of Countries Where Instant Divorce is Banned.

After hearing the case, according to a report by Times of India, justices Sunil Deshmukh and Nitin Suryavanshi observed the Muslim Women (Protection of Rights on Marriage) Act, 2019 was "unsustainable" against the in-laws and held that only the husband can be prosecuted under the triple talaq law. The judges also said the offences of assault, harassment and other IPC sections cannot be quashed against the mother-in-law.

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The woman's sister-in-law was staying with her husband at a different place and allegations against her are vague, said the court, quashing the FIR registered against her. In 2019, India's Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, banning the practice of triple talaq or instant divorce. Giving divorce by saying the word talaq thrice has been outlawed under the 2019 Act, and is punishable with imprisonment upto three years.

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