Court directs PS Women Cell to register FIR against Baramulla resident for ‘pronouncing triple talaq’

STC NEWS DESK
SRINAGAR, FEBRUARY 08 (STC): The Court of Sub Judge (Judicial Magistrate First Class), Jammu, has directed the Police Station Women Cell to register an FIR against a Baramulla resident for allegedly pronouncing instant triple talaq. It’s an offence punishable under The Muslim Women (Protection of Rights on Marriage) Act, 2019.
The order was passed by the court on an application filed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The complainant name (withheld) doctor by profession and a resident of Bathindi, Jammu, alleged that her husband, Sajad Ahmed Bhat of Baramulla, sent her a divorce notice (Talaq Nama) in November 2023 through registered post, pronouncing triple talaq (Talaq-ul-Biddat), which stands banned under law.
According to the complaint, the couple was married in November 2022 in Baramulla as per Muslim customs. The applicant stated that while the relationship was cordial initially, her husband later allegedly subjected her to verbal abuse and mental harassment. She further alleged that despite her efforts to save the marriage, she received a notice of instant triple talaq.
The complainant also informed the court that she had approached the Women Cell, Jammu, in March 2024 and later the Senior Superintendent of Police, seeking registration of an FIR. However, she alleged that no action was taken despite repeated follow-ups.
After hearing the matter and perusing the record, the court observed that the allegations disclosed commission of a cognizable offence under Section 4 of the 2019 Act, which prescribes imprisonment up to three years and fine for pronouncing instant triple talaq.
Referring to Supreme Court rulings, including Lalita Kumari vs Government of Uttar Pradesh and Priyanka Srivastava vs State of U.P., the court reiterated that registration of FIR is mandatory where information discloses a cognizable offence.
Observing that the complainant had already exhausted the remedies available before the police authorities, the court allowed the application and directed the Incharge of Police Station Women Cell, Jammu, to register an FIR and investigate the matter in accordance with law.
The court disposed of the application after issuing necessary directions for compliance.
(Straight Talk Communications I Source: Kashmir Dot Com)