‘Triple Talaq Now a Punishable Offence’: SC Sets Aside Order Quashing FIR Against Muslim Man

The Supreme Court has set aside an Uttarakhand High Court order which quashed an FIR lodged by a woman against her husband for pronouncing triple talaq.

A bench of Justices S Ravindra Bhat and Aravind Kumar said the quashing of FIR to the extent it pertained to allegations relatable to Section 498A of IPC, and Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 was “uncalled for”.

“The FIR clearly points to three elements, that is, that the wife – Afroz was subjected to alleged cruelty (“beaten”); the husband – Mansoor Ali 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, entails imprisonment for a 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 SC noted.

The top court directed the trial court to proceed with the matter with regard to the charge sheet filed against Mansoor Ali.

The high court, after considering the record, had quashed two offences enumerated in the FIR i.e. Section 498A IPC and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Afroz in her complaint had alleged that she was subjected to physical abuse by Mansoor who was in a relationship with another woman and had pronounced the triple talaq.

Mansoor as well as his wife challenged the validity of the high court’s order before the Supreme Court.

Mansoor had contended that the high court erred in not quashing the offence alleged under Section 323 IPC (punishment for voluntarily causing hurt), even though the observations by the court established its untenability.

He also claimed that 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 the totality of the facts.

It was underlined that a charge-sheet was filed against Mansoor on all three offences.

Given these circumstances, the high court terming the allegations by Afroz as “vague” are incorrect, the court was told.

The court, thus, allowed the appeal filed by Afroz and dismissed the plea by Mansoor.