In a first in the state of Kerala, a 34-year-old man was arrested in Kozhikode district for allegedly pronouncing instant triple talaq to his wife. This is reported to be the first arrest in the state after a bill was passed in July this year, which bans instant triple talaq and makes the practice a punishable offence under the Indian Penal Code (IPC).
EK Hussam, a native of Kozhikode, was arrested on Friday based on the order by a Judicial First-Class Magistrate Court in Thamarassery. According to sources, his wife had initially approached the Mukkam police station in the district to file a complaint against her husband for pronouncing the instant triple talaq but the police hadn’t taken any action. It was following this that she approached the Thamarassery court.
According to a report by Indian Express, a case has been registered against Hussam under sections 3,4 of the Muslim Women (Protection of Marriage) Act, 2019. However, the accused was let off on bail after his arrest was recorded.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019 makes all declaration of talaq, including in written or electronic form, to be void and illegal. It defines talaq as talaq-e-biddat or any other similar form of talaq as the practice under Muslim personal laws where pronouncement of the word "talaq" thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce. It makes declaration of such talaq a cognizable offence - where the accused can be arrested without a warrant, and is liable to a punishment of three years imprisonment and fine.
According to a report by News 18 Malayalam, the woman in her complaint stated that Hussam had forced her out of her house on August 1 and then pronounced the instant talaq. The couple got married in 2011 and as per reports, tensions started developing in their relationship from 2017 onwards. The woman has also stated in her complaint that Hussam and his mother used to torture her.