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In the case of Mohammad Gufran V. State of UP and others, the court stated that if both the parties to the case, that is the husband and wife agree to the talaq, the talaq is valid and shall be considered as Kula Talaq. In the matter where a Muslim husband was charged under Sec. 498A, 323, 504, 506 of IPC Sec.3 and 4 of the Dowry Prohibition Act and under Muslim women (Protection of Rights on Marriage) Act, the High Court of Allahabad acquitted the husband. It is well aware of the fact that under Sec.3 of the Muslim Women Protection Act the triple talaq was made void and under Sec. 4 of the same Act the said act was made punishable with imprisonment.
But when the matter came up to the divisional bench consisting of justice Kaushal Jayendra Thaker and Justice Gautham Chowdhary under Article 226 of the Indian Constitution by the Husband, the court stated that as both the parties belong to the Muslim community and as they have consented to the talaq which shall be considered as Kula talaq under Muslim personal law Application Act, 1937, the divorce shall be valid. The husband submitted that they will be resolving their disputes within them and hence court allowed such an arrangement.
As the parties assured that they will not be engaging in any litigation further the court restrained itself from going into the correctness of such talaq. In alignment with the said judgment, the Apex court had held that the anticipatory bail can be granted to the husband under the Muslim Women protection Act by a competent court after hearing the wife’s grievances against the same. In the present case, the High Court clearly stated that this shall not be treated as precedent and this judgment is purely on a factual basis.
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