21 years of marriage, three children and then such a turn in the relationship that the matter reached the court. Patna: A Patna court has sentenced a man to two years of rigorous imprisonment in a case of triple talaq to his wife. The court also imposed a fine of Rs 6,500. If the fine is not paid, the convict will have to undergo an additional sentence of one month and 22 days. The fine amount will be given to the complainant on recovery.
This case has come to light as the first case related to triple talaq in Patna district. The court of District and Additional Sessions Judge-24 Rajiv Ranjan Sahay pronounced the verdict while convicting Naushad Ahmed, a resident of Simri village in Bihta police station area. This decision has once again intensified the discussion about the triple talaq law and women’s marital rights.
The marriage took place in 2001, the case reached the police station in 2022.
According to the case, Razia Sultan alias Gudiya was married to Naushad Ahmed on November 9, 2001. The couple also had three children. The complaint alleged that in 2022, Naushad assaulted his wife and children. After this, on 5 September 2022, Naushad gave triple talaq to his wife. Razia Sultan lodged an FIR at Phulwarisharif police station in connection with the case.
The FIR registered a case under sections 341, 323, 326, 511, 354 (b), 379 and 427 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The police filed the charge sheet in the court on July 31, 2023, after investigation. Three witnesses testified in court on behalf of the prosecution. After the hearing, the court found Naushad Ahmed guilty under Section 4 of the Muslim Women Act and Sections 323 and 341 of the Indian Penal Code. The court sentenced him to two years rigorous imprisonment and imposed a fine of Rs 6,500 on him for giving triple talaq.
What is the Triple Talaq Law?
In India, the Muslim Women (Protection of Rights on Marriage) Act, 2019 has declared instant triple talaq illegal. According to the law, the declaration of such instant divorce by the husband by speech, writing, electronically or in any other way, as defined in the law, is void and illegal. Under Section 4 of this law, a husband who gives triple talaq can be punished with imprisonment of up to three years and fine.
Section 5 of the Act provides for maintenance allowance for the aggrieved Muslim woman and her dependent children. At the same time, a provision has been made under Section 6 related to the custody of minor children. The law aims to protect the rights of married Muslim women with an immediate ban on the practice of triple talaq.
The matter reached the sentence after the complaint
The complaint in this case was filed in the year 2022, the police filed the charge sheet in 2023 after the investigation and after that the verdict came under the judicial process. The court has convicted Naushad in the case of triple talaq. The verdict shows that the process of grievance, police investigation, prosecution and judicial trial plays an important role in cases related to triple talaq.
