IMPORTANT POINT
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.

ORDER :

G. S. Ahluwalia, J.

This application under section 482, Cr.P.C. has been filed seeking the following reliefs :—

It is therefore most humbly prayed that this Hon’ble Court may kindly be pleased to exercise inherent powers under section 482, Cr.P.C. and quash the FIR dated 23-12-2023 and other consequential proceedings arising out of Crime No. 338/2023 registered at P. S. Gandhi Nagar, district Bhopal and discharge the applicant, in the interest of justice.

2. It is submitted by counsel for the applicant that respondent No. 2 lodged an FIR on the ground that she got married to Javed Naseem on 21-4-2017. On 9-10-2022 and 29-1-2023 her husband Javed Naseem has sent his self-signed Talaknama duly witnessed by Rahim Mirza and Mirza Karim Baig, copy of the said Talaknama was produced along with FIR. It was alleged that divorce has been given on account of non fulfillment of demand of dowry and on account of the fact that she has given birth to a girl child. Even otherwise, on 25-2-2023 her husband and her mother-in-law had come to her parental home along with Raheem Mirza and others and also gave triple Talaq and declared that now they do not have any relationship with the complainant. At that time, her neighbor Mehfooz Rehman was also present in the house. Her husband has also given a copy of Fatwa dated 19-7-2023 by which Mufti Rahees Ahmed Khan has also treated the said divorce as correct whereas Mufti Rahees Ahmed Khan was aware of the fact that Talaq given by her husband is illegal in the light of the provision of Muslim (Women of Rights on Marriage) Act, 2019, (hereinafter referred to as ‘the 2019 Act) according to which any pronouncement of Talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any manner whatsoever shall be void and illegal and as per section 4 of the 2019 Act such act of her husband and others shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine. Thus, it was alleged that her husband Javed Naseem, her mother-in-law Rukhsana Begum, her sister-in-law Ranu Begum, Rahim Mirza and Mirza Karim Baig, who have signed the Talaqnama as witnesses have prima facie committed an offence. On this complaint the FIR has been registered.

3. Challenging the FIR lodged by the complainant it is submitted by counsel for the applicants that the applicant had sent the Talaq-e-ahsan by registered post on 30-1-2023. It is submitted that the said Talaq-e-ahsan is recognized mode of divorce and the Kerala High Court by judgment passed in the case of Saheer vs. State of Kerala by judgment dated 13-11-2023 passed in Crl.MC.No. 3632/2023 has held that since Talaq is recognized form of divorce under the Muslim law, therefore, the FIR and consequential proceedings against the petitioner therein is liable to be quashed.

4. Considered the submissions made by counsel for the applicant.

5. Section 2(c) of the 2019 Act defines ‘Talaq’ which means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous or irrevocable divorce pronounced by a Muslim husband. Section 3 provides that “any pronouncement of Talaq by a Muslim husband to his wife, by words, either spoken or written or in electronic form or in any other manner would be void and illegal”. It is submitted by counsel for the applicant that says the Talaq-e-ahsan does not have instantaneous effect and becomes operative only after three Menstural cycle of the wife, therefore, it is not covered under the definition of section 2(c) of the 2019 Act. It is submitted that even after giving Talaq-e-ahsan the husband can always withdraw the same prior to coming into force of the said Talaq.

6. Considered the submissions for the parties.

7. Talaq-e-biddat is also commonly known as Triple Talaq whereas Talaq-e-ahsan can be revoked before it becomes operative. Thus, the only difference between Talaq-e-biddat and Talaq-e-ahsan is that Talaq-e-biddat will come in operation