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Top court said that the wife was beaten by Mansoor, her husband and he also pronounced triple talaq, which was outlawed by the Muslim Women (Protection of Rights on Marriage) Act, 2019
The Supreme Court has set aside an Uttarakhand High Court order which quashed an FIR lodged by a Muslim woman against her husband for pronouncing triple talaq.
A bench of Justices S Ravindra Bhat and Aravind Kumar said thay the quashing of FIR to the extent it pertained to allegations relatable to Section 498A IPC, and Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 was "uncalled for".
"The FIR clearly points to three elements i.e. that the wife – Afroz was subjected to alleged cruelty (“beaten”); the husband – Mansoor had allegedly pronounced the triple talaq which after coming into the force of the Muslim Women (Protection of Rights on Marriage) Act, 2019 outlaws such practice and renders it a punishable offence. The offence, when proved, entail imprisonment for a of term up to three years. It is a matter of record that charge-sheet was filed by the police after investigation into these allegations," the court noted.
The court directed the trial court to proceed with the matter, with regard to charge sheet filed against Mansoor Ali.
Ali as well as his wife Afroz challenged the validity of the High Court's order of quashing the FIR related to offences of cruelty and pronouncement of triple talaq.
Afroz, in her complaint, had alleged that she was subjected to physical abuse by Mansoor, the husband, who had allegedly entered into relationship with other woman and pronounced the triple talaq.
In his plea, Mansoor, the husband contended that the High Court erred in not quashing the offence alleged under Section 323 IPC even though the observations by it established its untenability. He also claimed he lived happily with the wife for 13 years but friction arose due to some dispute.
The state counsel submitted that the HC's order was unwarranted, having regard to totality of the facts.
It was highlighted that after investigation the charge-sheet was filed in which Mansoor was charged with committing all the three offences.
Given these circumstances, the approach of the High Court in terming the allegations by Afroz as vague and are incorrect, the court was told.
The court, thus, allowed the appeal filed by Afroz and dismissed the plea by Ali.
Case Title: Mansoor Ali Vs State of Andhra Pradesh
Click here to read judgment
[Pic credits: HT]
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