Allowed

Md. Abul Kalam Azad v. the State of Assam

Gauhati HC18 Nov 2021AB/2950/2021

Case brief

AI extract

What is this about?

In this bail application under Section 438 Cr.P.C. concerning a case registered under Section 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019, the Gauhati High Court granted pre-arrest bail. The court accepted the counsel's submission that the petitioner, having pronounced Talaq three times a month, was guilty of Talak Hasan rather than the more serious Talak-e-biddat.

What did the court decide?

Interim protection granted vide order dated 05-10-2021 was made absolute; pre-arrest bail granted.

Md. Abul Kalam Azad Vs the State of Assam — Matrimonial and Divorce | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010149222021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2950/2021

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MD. ABUL KALAM AZAD S/O ABUL HUSSAIN R/O VILL- PANBARI P.O. SHALKATI PATHAR, P.S. DHING, PIN-782123 DIST. NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:RAMISA BEGUM S/O ALLALUDDIN R.O DHING BAZAR MUSLIM PATTI NEAR DHING JAMA MAZID P.O. DHING, P.S. DHING PIN-782123, DIST.- NAGAON, ASSAM

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Advocate for the Petitioner : MR F KHAN Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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18-11-2021

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This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioner, namely, Md. Abul Kalam Azad, in connection with Dhing P.S. Case

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Page No.# 2/2

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No.506/2021, registered under Sections 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019.

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Heard Mr. F. Khan, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the Respondent State. The case diary produced has been perused.

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Mr. Khan, learned counsel for the petitioner has submitted that the petitioner did not pronounce Talak-e-biddat, as defined under Section 2(c) of the Muslim Women (Protection of Right on Marriage) Act, 2019. He has also referred to three different Talaq, i.e., Talak Ahsan, Talak Hasan and Talak-ul-biddat or talaki-badai. He has further submitted that so far Talak-e-biddat is concerned, some prohibitions in the aforesaid Act is there whereas there is no such prohibition in respect of other two kinds of Talaq.

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According to him, the petitioner No. 1 pronounced three Talaq once in every month and, therefore, the said Talaq is Talak Hasan.

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The submission, so made by the learned counsel for the petitioner, appeals this Court and this Court also subscribes to this view and, therefore, this Court is of the view that this is a fit case for grant of the privilege of pre-arrest bail to the petitioner and is granted.

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Accordingly, the interim protection granted to the petitioner vide order dated 05-102021, is made absolute on the same terms and conditions.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Abul Kalam Azad v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Abul Kalam Azad v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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