HC grants bail to PSI booked for divorcing second wife through telephonic messages

Justice Bharati Dangre granted anticipatory bail to the sub-inspector, Yusuf Usman Shaikh, on a personal surety bond of Rs 25,000.

The Bombay high court (HC) on Tuesday granted anticipatory bail to a sub-inspector from Mumbai’s Ghatkopar police station, who was booked for divorcing his second wife by pronouncing “talaq” via messages sent thrice to her cellphone.

A file photo of Bombay high court. (HT photo)

Justice Bharati Dangre granted anticipatory bail to the sub-inspector, Yusuf Usman Shaikh, on a personal surety bond of Rs 25,000.

The complainant had alleged that the sub-inspector, who was married earlier and had two children from his first wife, got married to her as per Islamic law in December 2018, and she delivered a baby girl a year later.

She further alleged that Shaikh divorced her by pronouncing ‘talaq” thrice via messages sent to her cellphone, and also refused to take care and responsibility for their baby daughter.

Shaikh was booked under Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which has banned triple talaq, and also marital rape.

Justice Dangre, however, ruled that the marital rape charge was unsustainable, as the marriage was solemnised under Islamic law.

The judge said the other offence was bailable and granted Shaikh anticipatory bail.