Relatives of Husband Can’t be Accused for Offence of Pronouncement of Triple Talaq: SC

The Supreme Court has held that the relatives of husband cannot be arrayed as accused in a criminal case for Triple Talaq under Muslim Women (Protection of Rights on Marriage) Act.

A Bench of Hon’ble Justice D Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee observed that mother-in-law of the respondent cannot be accused for offence of pronouncement of triple talaq under the Muslim Women (Protection of Rights on Marriage) Act.

The Bench further observed that the provisions of Section 7(c) of the Act are only applicable to the Muslim husband, as under Section 3 pronouncement of triple talaq is prohibited and under Section 4 punishment is provided for violating Section 3.

Ultimately the Court granted anticipatory bail to the mother-in-law and also very importantly observed that anticipatory bail can be granted even in case of offence of triple talaq but the competent court must hear the wife (complainant).

Case Details: 

Title: Rahna Jalal vs. State of Kerala 

Case No.Criminal Appeal No 883 of 2020

Coram: Hon’ble Justice D Y Chandrachud, Hon’ble Justice Indu Malhotra and Hon’ble Justice Indira Banerjee

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