The Madhya Pradesh High Court has said that the provisions of the Muslim Women (Protection of Marriage Rights) Act, 2019 apply only against the husband and not against the in-laws.
Section 3 of the Act declares that divorce by any Muslim husband by speaking words to his wife either in writing or electronically or in any other way shall be void and unlawful.
Any Muslim husband who divorces his wife by pronouncing the mention of section 3 can be punished with imprisonment for pronouncing a word that can extend to three years and can also be fined. (Section 4)
In this case, the accused has asked the High Court to section 498-A of ipc, section 3/1 of the Dowry Prohibition Act. 4, and section 3/2 of the Muslim Women (Protection of Marriage Rights) Act. Demanded anticipatory bail in the offence registered under 4.
Two of the accused were in-laws of the complainant. The charges against him were about the demand for dowry. It was alleged that when the complainant became pregnant, her mother-in-law started alleging that the complainant had become pregnant long ago and the child was not her son and started asking for money saying that the complainant had not given them enough dowry.
It was also alleged that her husband had pronounced talak three times on the telephone.
