Kanpur: Man gets bail in case of triple talaq under new law

KANPUR :The sessions court on Tuesday granted conditional bail to a man in a matter of Muslim Women (Protection of Rights on Divorce) Act.
Presiding judge Balkrishna N Ranjan (Addl district and sessions judge, court 11th) of Kanpur Nagar in his order quoted the provisions of section 4 and 7 C of the Act and observed that legal formality under section 7 C, which were mandatory, appears to be fulfilled before the magistrate.The prosecution had not submitted any evidence against the accused, Sajid Nafees, to hold him guilty in any matter prima facie.
In view of the totality and without commenting anything on the merit of the case there is sufficient ground for granting bail to the accused. Hence, the bail application on certain conditions is being granted on submission of two sureties of Rs 40,000 each and a personal bond of like amount, the court observed.
The accused had been detained in the district jail since August 8, 2019, and since then the case was being heard by the magistrate.
Under the bail conditions, the accused would neither exert pressure on the witnesses nor disturb the evidence during the trial and will be present in person before the court on every date or make his appearance through his counsel. Moreover, he would neither change his residence nor leave the city without seeking permission from the court.
Further, he will have to submit affidavits about his all temporary and permanent addresses along with copy of Aadhaar card. If his Aadhaar card is not made, then he would have to obtain the card within a month and submit it before the court.
According to advocates, this is the first ever bail granted under Muslim Women (Protection of Rights on Divorce) Bill-2019 in the city.
The prosecution stated in the court that complainant Fariya Nayyar had lodged a complaint on August 7, 2019 around 10.37pm at Chakeri police station and stated that she was married to Sajid Nafees on October 20, 2007. Her mother-in-law Atiya Begum and father-in-law Nafeesul Hassan were annoyed with her as she could not give birth to any child. They even used to say that they would marry their son again with some other woman.
Under this threat, they had demanded Rs. 18 lakh from her parents. Meanwhile, she came to know that Sajid had married second time with the consent of his parents on August 6, 2019. When she protested, they not only thrashed her but abused her father too who had gone to settle the matter. Sajid said talaq three times in a row and divorced her.
The police on the report of Fariya registered a case against the accused under section 498 A/323/504/506 IPC, 3/4 Anti-Dowry Act and u/s 4 of Muslim Women (Protection of Rights on Divorce) Act-2019.
The defence countered the statement and stated that it was a false and fabricated story based on confusing facts. Fariya was a divorcee woman, who had obtained consideration on the basis of a dowry case from her first husband. Due to her behaviour, he had left his parent's house and shifted to Greater Noida along with her.
During their matrimonial life, they could not become parents. He had wound up his business in Noida and came back to Kanpur once again. His main dispute with Fariya was about legal adoption of child.