https://www.taxtmi.com/caselaws?id=309738 Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 was construed as a procedural safeguard, not an express exclusion of anticipatory bail under Section 438 CrPC. The court held that the provision's non obstante clause did not bar pre-arrest bail and that, absent clear legislative language, the power to grant anticipatory bail remains available subject to hearing the complainant. On the facts, the allegations against the appellant, a mother-in-law, were found to be general and unsupported, and the alleged offence under the Act was directed at the husband who pronounces talaq. Anticipatory bail was therefore warranted. en-us Thu, 17 Dec 2020 00:00:00 +0530 Wed, 20 Sep 2023 08:42:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309738 Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 was construed as a procedural safeguard, not an express exclusion of anticipatory bail under Section 438 CrPC. The court held that the provision's non obstante clause did not bar pre-arrest bail and that, absent clear legislative language, the power to grant anticipatory bail remains available subject to hearing the complainant. On the facts, the allegations against the appellant, a mother-in-law, were found to be general and unsupported, and the alleged offence under the Act was directed at the husband who pronounces talaq. Anticipatory bail was therefore warranted. Case-Laws Indian Laws Thu, 17 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309738