Bombay HC denied Anticipatory Bail to Muslim man on illegal divorce

Bombay HC Observes Intrusion In Academic Matters Amounts To Judicial Over-Reach & Stepping Into Domain Of Other Organs Of State

Justice Sarang V. Kotwal of Bombay High Court denied the bail in the case(Ebrahim Mohd. Iqbal Lakdawala v. State of Maharashtra) of giving divorce in violation of the provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019. In the case the applicant sought for anticipatory bail for cases registered against him u/s- 377, 498 A, 323, 504, 506 of IPC, sec.67 of IT Act and sec. 3 & 4 of The Act of 2019.

While hearing the case, the bench found no reasonable ground for granting anticipatory bail to the applicant and took reference of S.7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which says that-

“No person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person”.

Court said that after considering the allegations made the applicant does not deserve the protection of such bail because the facts of the case of harassing and beating the informant, corroborates to the allegations made of divorce which is illegal in terms of violation of the provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Also the allegations made by the informant about inserting an aluminum rod in herprivate parts as he didn’t want to have child from this marriage and capturing indecent photos, videos and threatening to make them viral require custodial interrogation.

Swikritimala Dubey
I am Ms. Swikritimala Dubey and my aim is to help everyone who come across me with all the knowledge I have. I am a law graduate from law College Dehradun, Uttaranchal University. I wish to develop a society which has high expectation and achievements in the field of law and create a great place for learning which is of utmost importance for me.  A community of lifelong learners, responsible global citizens and champions of our own sucess is what I believe in.