Woman Divorced Via Whatsapp, Case Registered Against Husband and In-Laws Under Muslim Women Act

Written by SabrangIndia | Published on: May 17, 2019
Thane: A 28-year old Muslim man and his parents have been booked for allegedly torturing a woman (25) who said that she was divorced by her husband on Whatsapp.

talaq

As reported in the Indian Express, the woman, alleged that over the past few years, her husband and in-laws harassed her, demanded money from her and asked her to leave the house. Eventually, she started staying with her relatives in Bhiwandi.

Reportedly, on May 12, while having an argument with her husband on Whatsapp, he sent her a triple talaq message. She then approached the police and filed a complaint a week ago. In her complaint, the woman has stated that she married Nadeem Shaikh, a resident of Kalyan, on May 18, 2014 and that they have a four-year old son. She further alleged that her in-laws constantly harassed her and sometime back, her husband demanded Rs 5 lakh from her and threw her out of the house.

Based on the woman's complaint, the police registered a case on Wednesday against Shaikh and his parents under IPC Sections 498-A (cruelty), 323 (voluntarily causing hurt) and 504 (intentional insult with an intent to provoke breach of peace), and section 4 of the  Muslim Women (Protection of Rights on Marriage) Act.

Senior inspector of Bhoiwada Police in Thane Kalyan, Karpe said, “Based on the complaint, we have registered a case under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act in addition to sections of IPC against the woman’s husband Nadeem Shaikh and his parents.”

“Shaikh has been on the run ever since his wife gave the complaint. We are on the lookout for him,” added Karpe.

The Supreme Court (SC), in its judgment dated August 22, 2017, in the case of Shayara Bano Vs Union of India & Ors, had declared the practice of instant triple talaq as unconstitutional. It had even directed the Parliament to form a law restricting this practice. Consequently, the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was promulgated on January 12, 2019, which makes triple talaq a cognizable offence punishable with an imprisonment upto three years and a fine. In February, the Union Cabinet had approved the ordinance.
The 2019 ordinance replaces the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 promulgated on September 19, 2018.  

The Muslim Women (Protection of Rights on Marriage) Bill, 2018 (to replace the 2018 Ordinance) was passed by Lok Sabha on December 27, 2018 and is currently pending in Rajya Sabha.  

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