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All forms of talaq was not held illegal only triple talaq was.. A man moves to supreme court granting pre-arrest bail

Socio Legal Corp

Last Updated on March 21, 2022 by Administrator

Written by- Preksha jain 

All forms of talaq was not held illegal only triple talaq was.. A man moves to supreme court granting pre-arrest bail 

A man moves to supreme court regarding the anticipatory bail for him and he stated that only talaq-e-biddat i.e. triple talaq was unconstitutional and not all the forms of talaq. 

ANTICIPSTORY BAIL MEANS TYPE OF BAIL IN WHICH THE PERSON KNOWS HE WILL BE HELD LIABLE SO HE PRIORILY GETS THE BAIL NOTE AND CAN’T GET ARRESTED AT TIME OF THE WARRANT. 

Justices Sanjiv Khanna and Bela M Trivedi issued a special leave petition filed by the jharkhand high court order dated from january 17,2022.

As per section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, says all the muslim husband if pronnuces talaq for 3 times to his wife in any form oral,written or in electronic form will be held  liable for three year of improisonment and even some amount of fine will be charged to him for the same. 

In the case, 

Danish Akhtar V. The State Of Jharkhand & Anr.| Special Leave to Appeal (Crl.) No(s). 2063/2022.

The High Court bench of Justice Anil Kumar Choudhary while rejecting the petitioner’s anticipatory bail in their order said, “Considering the serious nature of the allegation against the petitioner and the requirement of his custodial interrogation during the investigation of the case, this Court is of the considered view that this is not a fit case where the above named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above named petitioner is rejected.”

Team- sociolegalcorp@SLC 

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