HC grants Bail to Police Officer booked for Divorcing Wife through Message

On Tuesday, the High Court of Bombay 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.

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

The complainant had claimed that the police sub-inspector though married & having two children from his first wife, solemnised marriage with her as per Muslim custom & practice in Dec 2018, & she has delivered a baby girl a year later. She further alleged that Shaikh then sent 3 messages on her mobile pronouncing ‘Talaq’ & declaring that it resulted into the dissolution of their marriage & thereafter started avoiding her & 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.

However, Justice Dangre, found that the charge of rape was not sustainable, as the complainant wasn't forcibly made to enter into a sexual relationship since the woman herself alleged 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 - & therefore the Police Sub-Inspector was entitled to pre-arrest Bail.

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