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VIBHA KANKANWADI, SANJAY A. DESHMUKH
Tanveer Ahmed – Appellant
Versus
State of Maharashtra through its Police Inspector – Respondent
ORDER
Vibha Kankanwadi, J.—Present application has been filed initially for quashing the FIR vide Crime No.124 of 2024 dated 15.04.2024 registered with Bhusawal Bazar Peth Police Station, District Jalgaon and later on, by way of amendment, for quashing the proceedings in Regular Criminal Case No.1156 of 2024 pending before the learned Judicial Magistrate First Class, Bhusawal for the offences punishable under Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 (hereinafter referred to as “the said Act”) and under Section 34 of Indian Penal Code.
2. Heard learned Advocate Mr. S S. Kazi for the applicants, learned APP Mr. A. D. Wange for respondent No.1/State and learned Advocate Mr. Shaikh Mohammad Naseer A. for respondent No.2.
3. Learned Advocate appearing for the applicants submits that applicant No.1 is the son of applicant Nos.2 and 3. Applicant No.1 got married to respondent No.2 as per Muslim rites and customs on 31.10.2021 at Bhusawal, Jalgaon. Respondent No.2 and applicant No.1 resided with applicant Nos.2 and 3 at Jalgaon for about two weeks thereafter and then they went to Belapur, Navi Mumbai, where applicant No.1 was serving. Since November 2021 to Ap
Talaq by registered post – There cannot be common intention of pronouncement of Talaq – It would be abuse of process of law if matter is asked to be proceeded for offence punishable under Section 4 o....
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The court established that any talaq pronounced in a manner contrary to the provisions of the Muslim Women (Rights on Marriage) Act is void and illegal.
The court established that any form of Talaq pronounced by a husband under the 2019 Act is void and illegal, reinforcing the protection of women's rights in marriage.
The court established that the classification of talaq as instantaneous and irrevocable (talaq-e-biddat) is essential for attracting penalties under the Muslim Women (Protection of Rights on Marriage....
The court concluded that the validity of talaq notices must be determined based on whether they adhered to lawful Islamic principles, affirming the illegality of instant triple talaq under current la....
The court ruled that only Talaq-ul-Biddat is unconstitutional; other forms of talaq, such as Talaq-e-Hasan, remain valid if executed properly, stressing the need for trial court adjudication on factu....
The court held that the talaq pronounced was not instantaneous and irrevocable, thus not constituting an offence under the Act, as it failed to meet legal requirements.
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