J&K High Court refuses to quash FIR for Triple Talaq via text message

The Jammu & Kashmir and Ladakh High Court dismissed a petition to quash an FIR against a man accused of issuing instant triple talaq to his wife via text message under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Justice Javed Wani held that an instant and irrevocable Talaq, whether spoken, written, or electronic, is void and punishable with up to three years imprisonment and a fine.

The petitioner argued he lawfully divorced his wife through Talaq-e-Ahsan via a formal Talaq Nama, but the Court found this insufficient against evidence of text messages.

The dismissal did not affect the accused’s guilt or innocence.

[Shabir Ahmad Malik v UT of J&K]