11 August 2019
New Delhi: A Delhi court has granted bail to a man held for giving triple talaq to his wife.
Duty Magistrate Dinesh Kumar on Saturday granted bail to Atir Shamim and directed him to deposit a personal bail bond of Rs 30,000 and two sureties of like amount.
This is seen as the first such case in the national capital after triple talaq was outlawed.
During the hearing, advocates Bharat Bagga and Rishabh Kumar told the court that their client Shamim was being falsely implicated.
"There is matrimonial dispute between the parties due to which the complainant made a false complaint and misused the process of law," they argued.
Countering this, the counsel for Ramiya Yaha, 29, and the public prosecutor said that there were serious allegations against the accused.
"The complainant (wife) was subjected to cruelty when she was staying with the accused... His family members used to torture the complainant," the lawyer said.
He submitted that his client had in April complained about the cruelty. But when the husband's family got to know about the complaint, they urged her to withdraw the complaint assuring that they would not trouble her any further.
"To save her marriage, she withdrew the complaint on April 4. Thereafter on June 23, the accused came to her and pronounced triple talaq and asked her to leave the house," said advocate Rashid Hashmi, representing the complainant.
Hashmi said that the family members of Shamim sent 'fatwas' to Ramiya Yaha through WhatsApp.
Days after Parliament passed a bill making triple talaq a punishable offence, the woman filed a police complaint alleging that her husband pronounced "talaq" to her thrice and also sent it to her over WhatsApp, police said on Saturday.
Based on the complaint, police have arrested Shamim, a resident of Azad Market.
According to Deputy Commissioner of Police Nupur Prasad, Raima Yahya on Friday filed a complaint at North Delhi's Bara Hindu Rao police station alleging that her husband gave her triple talaq on June 23.
A relative of Raima said Atir's financial situation was not good and he was repeatedly forcing her to get money from her parents.
"When she refused, he pronounced triple talaq to her on June 23 and threw her and their son out of the house. Atir later also left a message regarding triple talaq to her brother over WhatsApp," said the relative.