Supreme Court · 2020 INSC 707 · Decided 17 December 2020

Rahna Jalal v. State of Kerala and Another

Court
Supreme Court of India
Citation
2020 INSC 707 · [2020] 13 S.C.R. 621
Case number
CRIMINAL APPEAL No. 883/2020
Decided
17 December 2020
Bench
D.Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 498A; CrPC Section 438

Headnote

Code of Criminal Procedure, 1973: s.438 - Grant of anticipatory bail - Whether provisions of s.7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 would bar the grant of anticipatory bail under s.438 to the mother-in-law of the muslim woman upon whom triple talaq husband - Held: The provisions of s.7(c) of the Act, 2019 apply to the Muslim husband - The offence which is created by s.3 of the Act, 2019 is on the pronouncement of a talaq by a Muslim husband upon his wife - s.4 of the Act, 2019 makes such act of the Muslim husband punishable

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