New Delhi | Jagran News Desk: The Punjab and Haryana High Court on Thursday issued notice to the Punjab police on a plea filed by a Muslim woman from Malerkotla in Punjab’s Sangrur district who has alleged police inaction against her husband for giving her divorce on WhatsApp.

The woman, in the petition, said that despite her complaint under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the police failed to take action against her husband who reportedly solemnised a second marriage after giving her talaq.

In her petition, the woman told she married Abdul in November 2011 and they had three children. On June 20, 2020, her husband sent three messages of ‘Talaq’ ‘Talaq’ ‘Talaq’ on WhatsApp and also sent photographs with his new wife Ajila Khatoon. Abdul also allegedly sent her his new marriage certificate dated May 21, 2020, according to a Times of India report.

The woman alleged that she and her father approached the police on June 23, 2020 seeking action against Abdul under the new law for triple talaq but no action was taken against him. She also made a representation to the Punajb DGP on September 22 regarding the issue, but no action has been taken by the police till date. 

The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

"Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal," the law says.

Any Muslim husband who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine, it says.

To check misuse of cognisable nature of the offence, the bill makes declaration of talaq-e-biddat only if the complaint is filed by the aggrieved woman or any of her relation by blood or marriage, the Act says.

A magistrate can grant bail only after hearing the aggrieved woman, it says.

The aggrieved woman is entitled to demand a maintenance for her and her dependent children under the Act.

Posted By: Abhinav Gupta