Petition to quash FIR registered under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 alleging triple talaq by text message. The Court found the allegation of triple talaq undisputed and declined to exercise inherent powers, dismissing the petition.
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S. No. 22
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) No.471/2022 CrlM No.1357/2022 CrlM No.861/2023
Shabir Ahmad Malik
…Petitioner(s)
Through: Mr. Altaf Khan, Advocate.
Vs.
UT of J&K and Anr.
...Respondent(s)
Through: Mr. Faheem Shah, GA for R 1 Mr. Sheikh Manzoor, Advocate for R 2.
CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 04.08.2025
(ORAL)
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compelled him, the petitioner herein to release the respondent 2 herein from the marital relation without committing any offence either under Indian Panel Code or the Act of 2019.
the respondent 2 herein against the petitioner for registration of FIR under the provisions of the Act of 2019, while alleging therein that the petitioner has developed a ex-marital affair with one lady and is contemplate to contract marriage with that lady after divorcing the petitioner and in furtherance thereof, the petitioner herein send a triple talaq/divorce through text message on mobile phone upon the complainant and thus, committed an offence under the Act of 2019, and upon entertaining the complaint and receiving of the said text message as a piece of evidence, the offence was found to have been committed and consequently FIR registered.
Heard counsel for the parties and perused the record.
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is exercised in the matter, a reference to the following provisions of
the Act of 2019 became imperative.
Section 2(c)
(a) ……..
(b) …….
(c) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
Section 3 . Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Section 4 . Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
A conjoint reading of the aforesaid provisions would manifestly
tend to show that the pronouncement of Talaq, be it Talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a husband upon his wife, by words either spoken or written or any electronic form or in any other manner whatsoever shall be void and illegal, and punishable by for imprisonment for a term which may extend to three years as also fine. 7. Having regard to the aforesaid position of law and reverting back to the case in hand, record tends to show that in the reply/status-report filed to the petition by respondent 1 it has been specifically stated that the complainant/respondent 2 herein alleged to have been divorced by way of triple talaq by the petitioner herein on her brothers mobile phone and same came to be communicated to the respondent 2 herein and the screen shots of the said text messages stand extracted and placed as evidence in the matter by the investigating agency, which position has not been disputed or denied by the petitioner herein, thus
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reliance placed by the petitioner on the Talaq Nama as annexure-II supra pales into insignificance.
(JAVED IQBAL WANI) JUDGE
SRINAGAR
04.08.2025 Ishaq
Whether the order is speaking? Yes/No Whether approved for reporting ? Yes/No
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1 issue framed by the court
Whether the FIR under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 should be quashed under Section 482 CrPC as vague for alleging Talaq-e-Ahsan.
Colour shows how this judgement treated each authority
Priti Saraf and Anr. Vs. State of NCT of Delhi and Anr.Relied on¶8
2021 SCC Online SC 206 · Who else cites this
5 provisions across 3 enactments
Shabir Ahmad Malik
UT of J&K
Respondent 2 (wife of petitioner)
Javed Iqbal Wani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
