The Gauhati High Court has come to the rescue of a Muslim woman hailing from Assam whose complaint that her husband had pronounced Triple Talaq was ignored by the police.
In August 2017, the Supreme Court in a landmark verdict declared the practice of Triple Talaq as unconstitutional by a 3:2 majority on the ground that it goes against the Shariat and violates the constitutional rights of Muslim women.
On January 13, 2019, Jesmin Begum had lodged an FIR with the Rangia police alleging that her husband had pronounced Triple Talaq in written form (known as talaq-e-biddat), which is a penal offense under Section 4 of the Muslim Women (Protection) of Rights on Marriage Ordinance, 2018.
However, the police registered a case under Section 498A of the Indian Penal Code, which is, a case of husband or relative of husband subjecting the woman to cruelty. Subsequently, the husband was granted anticipatory bail to the husband, Asif Iqbal Hussain.
Begum then approached the court against the Rangia police station in charge for not invoking the provisions of the Muslim Women (Protection) of Rights on Marriage Ordinance, 2018.
On February 14, the state government informed the court of justice Ujjal Bhuyan that as per the complaint, Begum had alleged that the accused had not only pronounced instant triple talaq and driven her out of his house, but also physically assaulted the informant.
The SP has stated that the investigating officer will move the competent court for addition of Section 4 of the aforesaid ordinance.
Inputs: Times of India