COURT SENTENCES HUSBAND TO 2 YEARS IN PRISON

COURT SENTENCES HUSBAND TO 2 YEARS IN PRISON

18-OCT-ENG 4

RAJIV NAYAN AGRAWAL

PATNA---------------------------In a significant ruling under the Triple Talaq law, a Patna court has sentenced a man to two years of rigorous imprisonment for giving instant triple talaq to his wife. The court also imposed a fine of ₹6,500 on the accused.

The case involves Naushad Ahmed and his wife Razia Sultan (also known as Gudiya) from Simri village under Bihta police station area in Patna district. The couple had been married since 9 November 2001 and have three children.

According to the complaint, a dispute arose between the couple in 2022. The wife alleged assault and an attempt to throw acid on her. On 5 September 2022, Naushad Ahmed pronounced instant triple talaq. Razia Sultan then lodged an FIR at Phulwari Sharif police station.

After investigation, the police filed a chargesheet in court on 31 July 2023. The case was heard by District and Additional District Judge 24, Rajiv Ranjan Sahay. The prosecution presented three witnesses during the trial.

The court found Naushad Ahmed guilty under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, along with Sections 323 and 341 of the Indian Penal Code. He was sentenced to two years of rigorous imprisonment and fined ₹6,500. The court ordered that the fine amount, once recovered, be given to the complainant. Additional punishment was also provided for in case of non-payment of the fine.

This is being described as the first conviction under the Triple Talaq law in Patna district.

The Muslim Women (Protection of Rights on Marriage) Act, 2019, makes instant and irrevocable triple talaq illegal. Under Section 4 of the Act, a husband who pronounces instantaneous triple talaq can face imprisonment of up to three years along with a fine. The law also contains provisions for the maintenance of the affected woman and her dependent children (Section 5) and for the custody of minor children (Section 6).

The Patna court’s decision has once again brought attention to the Triple Talaq law and the legal rights of married Muslim women in India.