HC grants bail to PSI booked for divorcing wife through message

Bombay high court on Tuesday granted anticipatory bail to a sub-inspector attached to Ghatkopar police station booked for divorcing his second wife by pronouncing

Bombay high court on Tuesday granted anticipatory bail to a sub-inspector attached to Ghatkopar police station booked for divorcing his second wife by pronouncing ‘talaq’ by sending the messages thrice on her cell phone.

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Justice Bharati Dangre granted pre-arrest bail to Yusuf Usman Shaikh on a personal bond of ₹25,000.

The complainant had alleged that the police sub-inspector though married and having two children from his first wife, solemnised marriage with her as per Muslim custom and practice in December 2018, and she has delivered a baby girl a year later. She further alleged that Shaikh then sent three messages on her mobile pronouncing ‘Talaq’ and declaring that it resulted into the dissolution of their marriage and thereafter started avoiding her and refused to take care of the newborn

daughter.

Apart from invoking section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which penalises divorce by pronouncing talaq by spoken or written words or by electronic means, Ghatkopar police had also invoked charge of rape against Shaikh.

Justice Dangre, however, found that the charge of rape was not sustainable, as the complainant was not forcibly made to enter into a sexual relationship since the woman herself claimed that they had performed marriage as per the Muslim customs.

As regards the charge under section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the judge said the offence was bailable - and therefore the police sub-inspector was entitled to pre-arrest bail.