There is no bar in granting bail under the Muslim Women (protection of Right on Marriage) Act. But provided one condition should be satisfied, the Muslim women, the complainant has to be heard by the competent court before granting such anticipatory bail.
Also, the bench consisting of Justice D.Y. Chandrachud, Indu Malhotra and Indira Banerjee observed that the ad-interim relief can be granted by the court at its discretion. But the notice regarding the same should be provided to the aggrieved party (married women).
The harmonious construction of Section 438 of Criminal Procedure Code and the Section 7(c) of the Act places a strong view that there is no bar in granting anticipatory bail for the offences committed under the Act. In the case, the mother-in law of the married Muslim woman had filed an appeal from the order of Kerala High court.
The Husband of the woman has remarried after pronouncing triple talaq. He was charged under Section 498A of Indian Penal Code and the provisions of the Muslim Women (protection of Right on Marriage) Act. The pronouncement of Talaq was rendered void and illegal under Section of 2019 Act. The Kerala High Court has declined to grant anticipatory bail. Hence, the aggrieved party has approached the Supreme Court.
