The Jammu & Kashmir High Court dismissed a plea seeking to quash an FIR against a man for sending triple talaq via text. Justice Wani stated that instant talaq, whether spoken, written, or electronic, is “void and illegal” under the 2019 Act.
Srinagar: On August 20, the High Court of Jammu & Kashmir and Ladakh recently rejected a petition that sought to quash a First Information Report (FIR) filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019 against a man accused of giving instant triple talaq to his wife through a text message in the case of Shabir Ahmad Malik vs. UT of J&K.
Justice Javed Iqbal Wani, while delivering the judgment, observed that
“the pronouncement of talaq whether Talaq-e-biddat or any other similar form of instantaneous and irrevocable divorce by words, whether spoken, written, or through any electronic form, is void and illegal, and punishable with imprisonment for up to three years along with a fine.”
The Court was hearing the petition challenging an FIR registered at Kupwara Police Station in 2022.
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The petitioner approached the Court seeking relief under its inherent powers under Section 482 of the Criminal Procedure Code (now Section 528 BNSS), arguing that he had executed Talaq-e-Ahsan through a formal Talaq Nama and had lawfully released his wife from the marriage according to Shariat and the Holy Quran.
The petitioner claimed that “no offence was made out under Indian Penal Code or the 2019 Act” and argued that the FIR was vague and baseless.
The respondents, including the Union Territory of Jammu & Kashmir, stated that the petitioner had developed an extramarital relationship and had sent triple talaq via text messages to his wife.
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These text messages, supported by screenshots produced during the investigation, were considered as evidence of an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The High Court, while examining the case, referred to Sections 2(c), 3, and 4 of the 2019 Act. Section 3 of the Act explicitly states that any pronouncement of talaq, whether Talaq-e-biddat or any other form of instantaneous and irrevocable divorce by words, whether spoken, written, or electronic, “is void and illegal.”
Section 4 of the Act prescribes punishment for such pronouncement, which may include imprisonment for up to three years and a fine.
The Court emphasized that in view of the evidence presented, particularly the screenshots of the text messages, the petitioner’s reliance on the Talaq Nama “was insufficient to nullify the FIR.”
Justice Wani also referred to the Supreme Court’s decision in Priti Saraf & Anr. v. State of NCT of Delhi (2021), observing that
“under the principles established by the Supreme Court in Priti Saraf & Anr. v. State of NCT of Delhi (2021), inherent powers cannot be exercised to scuttle a prosecution at its inception.”
Accordingly, the petition to quash the FIR was dismissed. The Court clarified that its observations were
“solely for deciding the quashing plea and should not be interpreted as an opinion on the petitioner’s guilt or innocence.”
Advocate Altaf Khan represented the petitioner, while Government Advocate Faheem Shah and advocate Sheikh Manzoor appeared for the respondents.
Case Title:
Shabir Ahmad Malik vs. UT of J&K
Read Order:
