Sunday, 3 January 2021

Whether relatives of husband can be prosecuted for offences Under Muslim Women (Protection of Rights on Marriage) Act?

 The provisions of Section 7(c) apply to the Muslim husband. The offence which is created by Section 3 is on the pronouncement of a talaq by a Muslim husband upon his wife. Section 3 renders the pronouncement of talaq void and illegal. Section 4 makes the Act of the Muslim husband punishable with imprisonment. Thus, on a preliminary analysis, it is clear that the appellant as the mother-in-law of the second respondent cannot be accused of the offence of pronouncement of triple talaq under the Act as the offence can only be committed by a Muslim man.

Reportable

Supreme Court - Daily Orders
Rahna Jalal vs The State Of Kerala on 17 December, 2020

Criminal Appeal No 883 of 2020  
Read full Judgment here: Click here       
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