In a piece of disturbing development, an Indore man was booked for giving triple talaq to his wife on phone over the issue of giving birth to a girl child. Further, it has also been reported that the accused allegedly harassed the woman mentally and physically over dowry. After the husband asked her wife for Rs. 5 lakhs, which the wife denied, the husband and his family beat the woman violently.
For the unversed, ‘triple talaq’ or ‘talqa-e-biddah’, is a practice observed in the Muslim communities where a man can divorce his wife by saying the word ‘talaq’ three times at one time.
What makes the practice so contentious, is the fact that the man doesn’t need his wife’s consent for divorcing her. Further, he can divorce his wife in any form, which includes text message, call or email.
Background
In 2019, the NDA government passed the Triple Talaq law which criminalized the ‘instant divorce’ men can give to their wives in the Muslim communities. The rule promises a 3-year-imprisonment for any man who divorces his wife through the triple talaq medium.
While several parties lauded the government’s move for criminalizing triple talaq, there were other voices that protested the move. All India Majlis-e-Ittehadul Muslimeen party’s MP Asaduddin Owaisi claimed that the law marginalizes Muslim women even further.
Meanwhile, 1-year-after the law was passed, it was reported that there was a decline of 82% in triple talaq cases. Further, August 1, when the legislation was passed, was declared as the “Muslim Women’s Rights Day”.
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The Facts of the Matter
A Times of India report stated that a man from Indore was booked by the police for giving triple talaq to his wife on the phone. According to reports, the man, aged somewhere in his 30s, is a resident of Indore’s MIG area.
Husband Booked Under Dowry Harassment Act, IPC and MWPRM Act
Complainant Aleena Khan is a 32-year-old tuition teacher who took to the police and filed an FIR against her husband. On her complaint, the police booked the accused Aas Mohammad Khan, under multiple sections of Indian Penal Code, Dowry Harassment Act, and Muslim Women Protection of Rights on Marriage Act.
According to reports, Aas Mohammad is now booked under Section 4 (Punishment for pronouncing talaq), Section ¾ (Penalty for giving or taking dowry), Section 498 (Husband or relative of husband of a woman subjecting her to cruelty), Section 323 (Punishment for voluntarily causing hurt), Section 294 (Obscene acts and songs), Section 506 (Punishment for criminal intimidation), and Section 34 (Acts done by several persons in furtherance of common intention).
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Accused and In-Laws Used to Beat Woman
The Times of India report quoted Thana In-charge Ajay Verma saying that the accused pronounced triple talaq as his wife hadn’t delivered a baby boy. “The accused had also been harassing her physically and mentally demanding Rs 5 lakh. When she denied, the accused along with her in-laws beat her badly,” TI Verma added.
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Couple Got Married in 2009, Had Baby Girl in 2014
Reportedly, the couple were living in Indore and then had moved to Uttar Pradesh. In UP, the complainant’s husband became an addict. The complainant was Hapur district resident and got married to the accused Aas in 2009.
The happiness for the couple was short lived as Aas started harassing his wife for not providing him with enough dowry. Later, in 2014, the couple became the parents of a baby girl and this led to the harassment intensifying.
The woman has now moved back to Indore and is living with her family.
