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The Supreme Court said that the accused in the case of triple divorce was not barred from bail in advance, but the woman must be heard first.

The Supreme Court has said that there is no impediment to granting anticipatory bail to the accused under the Muslim Women (Protection of Marriage Rights) Act 2019. The court, however, said that the court should also hold a hearing on behalf of the complainant before accepting the application for anticipatory bail.

It is noteworthy that under this law, the practice of dissolving the marriage of Muslims by saying ‘three divorces at once’ has become a punishable offense. The Supreme Court said that under the provisions of the law, a Muslim husband who divorces his wife as a triple divorce can be sentenced to three years in prison.

A bench headed by Justice DY Chandrachud referred to the relevant sections of the Act and the provisions of the Criminal Procedure Code (CRPC) relating to the directions for granting bail in the case of his arrest. Justice Indu Malhotra and Justice Indira Banerjee were also part of the bench.

The bench said that for the above reasons, we have concluded that there is no prohibition on granting anticipatory bail to an accused for an offense under section (c) of the Act and section 438 of the CRPC.

The apex court said this while granting anticipatory bail to the mother-in-law in a case of harassment of a woman. The woman lodged an FIR in August last year, alleging that her husband had divorced her three times at their home.

The bench was hearing an appeal filed against the order of the Kerala High Court, which had refused to grant anticipatory bail to the woman.


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