The Supreme Court granted anticipatory bail to a husband accused of abetting his newly married wife’s suicide, ruling that sending a triple talaq notice did not constitute abetment. This decision was made despite the illegality of triple talaq, declared unconstitutional by a 2017 Constitution bench.
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NEW DELHI: The Supreme Court of India granted anticipatory bail to a man whose wife committed suicide after her obscene photographs were circulated on social media. The husband’s action of sending a triple talaq notice to his wife following the incident raised questions about his role in her tragic decision to end her life. However, the court found no prima facie evidence to suggest that he abetted the suicide.
A Supreme Court vacation bench comprising Justices JB Pardiwala and Ujjal Bhuyan evaluated the case and stated-
“Prima facie, it could not be established that the husband abetted the suicide.”
The bench took into account the chargesheet filed by the police after completing their investigation and decided to grant anticipatory bail to the husband.
Interestingly, the Supreme Court and the High Court did not address the illegality of the husband’s triple talaq notice to his wife. This is despite the fact that a Constitution bench had declared the process of triple talaq as unconstitutional and illegal on August 17, 2017.
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Two years later, in 2019, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, which declared that instant divorce by pronouncement of talaq three times is void and illegal.
In the present case, the Allahabad High Court had initially refused anticipatory bail to the husband, Imran. He was implicated in the police case along with another individual, Mahfooz, who was accused of circulating the woman’s obscene photographs on social media. Mahfooz allegedly blackmailed the woman, pressuring her to maintain a physical relationship with him.
The court proceedings shed light on the sequence of events leading to the woman’s suicide. The circulation of her private photographs caused immense distress and humiliation. The situation escalated further when her husband sent her a triple talaq notice, adding to her emotional turmoil.
Legal experts have raised concerns about the failure to consider the impact of the illegal triple talaq notice.
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A senior advocate noted-
“The judiciary should consider all facets of the case, including any unlawful actions by the accused, to ensure justice for the victim.”
The Supreme Court’s decision to grant bail has sparked debate about the legal and ethical responsibilities of a spouse in protecting their partner from such ignominy. Activists and legal scholars argue that the husband’s actions should have been scrutinized more closely in light of the illegal triple talaq notice and its psychological impact on the victim.
