MUNEER AHMED Vs. STATE

JUDGEMENT

(1.) The petitioner seeks bail in C.C.No.2947 of 2023 now pending trial before the learned IX Metropolitan Magistrate, Saidapet, Chennai.

(2.) Originally, the petitioner was arrested and remanded to judicial custody on 3/10/2023 for the offences punishable under Ss. 406, 509, 498A, 323 and 506(1) of IPC and Ss. 3 and 4 of the Muslim Women Prevention of Rights on marriage Act, 2019 in Crime No.11 of 2022 on the file of the respondent police.

(3.) The petitioner herein was the husband of the defacto complainant. It is contended that the petitioner and the defacto complainant had got married on 20/12/2015 and they were staying together and later, had gone abroad and in the year 2021, they appear to have had marital differences and the defacto complainant had come back to this country. One of the reason for the marital discord was that the petitioner, apparently had granted divorce to his own wife by typing the words 'Talaq' three times and sending it to her through Whatsapp. The said issuance of Talaq in that particular manner is illegal, void and non-est in the eye of law. The issue is no longer res integra and had been settled by the Constitution Bench of the Hon'ble Supreme Court in the Judgment reported in 2017 9 SCC 1 in the case of Shayara Bano Vs. Union of India and Others, and connected writ petitions.