IMPORTANT POINT
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 of Act against father-in-law and mother-in-law.

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 April 2022 they resided there. Thereafter, as respondent No.2 was pregnant, she went to her father’s house at Bhusawal and then applicant No.1 took her to hospital at Khargar on 26.04.2022 for checkup. Respondent No.2 was advised to undergo Sonography. It was found that there was bleeding to respondent No.2 and taking into consideration her health condition, applicant Nos.2 and 3 as well as the father of respondent No.2 were called. Father of respondent No.2 took her on 28.04.2022 to Bhusawal. The gynecologist at Bhusawal advised 15 days bed rest to respondent No.2. Respondent No.2 without taking the opinion of the applicants, as per the advise of another doctor, terminated the pregnancy. On 17.06.2022, respondent No.2 and her brother met with an accident in which she suffered serious head injury. It culminated into brain hemorrhage. She was under treatment at various hospitals till 27.12.2022. In the meantime, the corona pandemic started and applicant No.2 was detected positive. They could not meet respondent No.2. All the medical expenses have been borne by applicant No.2 as he was in continuous touch with respondent No.2. Applicant No.1 was transferred to Banglore in the month of February 2023. He had taken respondent No.2 along with him. During Diwali when applicant Nos.2 and 3 joined them at Banglore, respondent No.2 misbehaved with them and therefore, they went back to Jalgaon. The father of respondent No.2 was called and he had given assurance that respondent No.2 would behave properly, but respondent No.2 had given threat that she would commit suicide if she is not permitted to go to his father’s house. Thus, the differences went grim and therefore, applicant No.1 was constrained to pronounce a single divorce i.e. Talaq-e-Ahsan on 23.12.2023 in presence of witnesses. Thereafter, he had sent a notice of Talaq by registered post on 28.12.2023. Thereafter, there was no cohabitation or joining of the husband and wife for 90 days and, therefore, as per Muslim customs and Shariyat Law, it became irrevocable and ultimately, there is a Talaq between them. This mode of Talaq is not punishable under Section 4 of the said Act and, therefore, the FIR in question and the proceedings is an abuse of process of law, which needs to be quashed and set aside.

4. Learned Advocate appearing for the applicants relies on the decision in Mst. Zohara Khatoon Vs. Mohd. Ibrahim, [(1981) 2 SCC 509]. Though the said decision is in respect of Section 125 of the Code of Criminal Procedure, yet it considers the law of divorce, which says that the dissolution is by way of three modes i.e. the decree of dissolution of marriage obtained through Court, the divorce by unilateral act of husband and the Khula given by the Mohammedan wife. He further relies on the decision of the Div