Delhi court grants anticipatory bail to man accused of giving triple talaq to wife
Jun 23, 2023
New Delhi [India], June 23 : Delhi's Karkardooma Court has recently granted anticipatory bail to a man accused of giving triple talaq to his wife in one go, considering he has three minor children to look after who were left by his wife.
An FIR was lodged against the accused at the police station Bhajanpura.
The Vacation Judge Geetanjali at Karkardooma Court granted bail to Mohd Javed after considering the submissions of counsel and facts of the case.
While granting bail to the accused the court noted that the IO reported that the accused has cooperated in the investigation and has not sought his custodial interrogation.
"The applicant has the responsibility of looking after three minor children whom the complainant left in his care and custody and rejection of the present application will have severe effect on their welfare," the court observed in the order passed on June 13.
In view of the aforesaid reasons, in case of arrest, the accused be released on bail on furnishing bail bond of Rs 15,000 with surety of like amount to the satisfaction of the IO/SHO, subject to the condition that the applicant/accused, vacation judge said in the order.
The present FIR is registered under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and under Section 506 of IPC and the complainant's wife has alleged that the applicant divorced her by announcing Talaq three times in one go.
The case of the state is that after the registration of the FIR, the statement of the victim has been recorded and relevant documents are seized that applicant/ accused joined the investigation and his custodial interrogation is not required.
The applicant/accused Mohd. Javed was married to the complainant on May 11, 2011, in a simple way according to Muslim customs and they have three children who are presently in custody and care of the accused.
It was submitted by advocate Manish Bhadauria, counsel for the accused that the complainant used to compel the applicant to purchase property in her name after taking share from parental property and used to quarrel with him for the same.
The counsel also submitted that the complainant and her family members started threatening him and his family members in false cases of dowry, molestation and suicide etc.
It was also submitted that due to the said behaviour of the complainant, she was shifted to the independent first floor of the house despite that she continued fighting, abusing and quarrelling with the applicant who kept on tolerating them all in order to save his family.
It was also submitted that on April 18, 2023, the complainant left the matrimonial house with her family members and took all her valuables along with her, leaving three small minor children with the applicant, he and his family members tried several times to patch up the matter but with no avail and instead she made a false and frivolous complaint against him with the police station Bhajan Pura.
The accused joined the investigation on May 16, 2023, and counsel submitted the investigation is complete.
