Jharkhand HC Says Ex-Husband’s Refusal to Remarry After Halala Is Not a Cognizable Offence

Ranchi, September 14 : The Jharkhand High Court has ruled that an ex-husband’s refusal to remarry his former wife after the completion of ‘halala’ does not amount to a cognizable offence or a legal wrong under Muslim personal law or general criminal law.

 

 

Justice Sanjay Kumar Dwivedi passed the order while hearing an anticipatory bail application filed by Imran Hussain, who was facing a criminal complaint lodged by his former wife.

 

According to the case, the couple had earlier divorced. The woman subsequently married another man as part of the ‘halala’ process under Muslim personal law. She later expressed her desire to remarry her first husband, but he refused.

 

Following his refusal, she filed a criminal complaint against Hussain at Dhanwar police station in Giridih under various provisions of the Bharatiya Nyaya Sanhita (BNS), the Dowry Prohibition Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019.

 

 

 

The ex-husband then approached the High Court seeking anticipatory bail. His counsel submitted that the woman had previously filed a similar case in 2020, which was later settled between the parties. The defence also claimed that she had allegedly harassed him over financial issues and his inability to provide a lavish lifestyle.

 

The complainant opposed the bail plea, claiming that during the earlier settlement, Hussain had assured her that he would remarry her but later refused.

 

 

The High Court noted that the earlier case had already been settled, the couple had divorced, and the woman had subsequently married another man.

 

The court observed that a woman cannot compel her former husband to remarry her and that his refusal alone cannot form the basis of a fresh criminal case or FIR.

 

The court said the refusal to remarry does not constitute a cognizable offence or a legal wrong under Muslim personal law or general criminal law.