Divorce over WhatsApp message, second triple talaq case filed in Kerala

Divorce over WhatsApp message, second triple talaq case filed in Kerala

Kasaragod: A police case has been filed against a 34-year-old man here after his wife alleged that she was sent the triple talaq message over the messaging application WhatsApp. The police registered the case against B A Ashraf, 34, of Kudlu village in Kasaragod on a complaint from his 29-year-old wife.

This is the second case filed in Kerala after the Muslim Women (Protection of Rights on Marriage) Act was implemented in the country. This is also the first case in which the complainant directly went to the police station to file the case.

Ashraf had married the woman, hailing from Shiribag, 12 years ago. He allegedly assaulted her over a family feud early in March and left for a Gulf country that day. He sent a voice message to her brother’s phone on March 15, saying that he has divorced her. He reportedly sent the message to her brother's phone as he was aware that even she uses it. The woman then filed a complaint with the town police on March 23, alleging domestic abuse.

The police registered a case over this complaint. Ashraf, who returned to his native place one month ago, married another woman. After the woman came to know of this, she sought legal advice and approached the police to file a case as per the new triple talaq law.

The phone which received the voice message is with her brother, who is currently in the Gulf.

SI Melbin Jose said that the message would be checked with the cybercell’s help and further action would be taken.

"The accused was said to be in the Gulf when the incident happened. As per the wife's complaint, the talaq message was sent to her brother's phone having WhatsApp account," a police official told PTI.

The man has been charged under the Section 4 read with Section 3 of the Muslim Women (Protection of Rights on Marriage)Act, 2019, he said.

Section 3 makes pronouncement of talaq by words, either spoken or written or in electronic form or in any other manner whatsoever void and illegal while Section 4 provides punishment with imprisonment for a term which may extend to three years and shall also be liable to fine.

Further action would be taken after a comprehensive probe with the support of the cyber cell, the official added.

It is considered to be the second such case registered in the state after the Parliament passed the triple talaq bill in July and the President gave his assent to it.

Kerala's first triple talaq case was filed in Kozhikode. The woman, a native of Mukkam, had approached the court at first, which then directed the cops to file the case.

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