Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, yesterday, i.e. 30-07-2019 and it would replace Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019.

The practice of instant divorce by Muslim men will be punishable by a jail term of up to three years.

This Bill will protect the rights of married Muslim women and prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

Talaq to be void and illegal Section 3 Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Punishment for pronouncing talaq Section 4 Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Subsistence allowance Section 5 A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
Custody of minor children Section 6 A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate
Offence to be cognizable, compoundable, etc. Section 7
  • offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage
  • offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq pronounced
  • no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail

The Home Minister congratulated Muslim women by saying, “On the passage of this Bill, I congratulate the Muslim sisters across the country on getting rid of the Triple Talaq curse. This act will free Muslim women from the curse of this regressive practice


UPDATE: President gave assent to Muslim Women (Protection of Rights on Marriage) Act, 2019 on 31-07-2019.

*Please refer to the Act here: The Muslim Women (Protection of Rights on Marriage) Act, 2019


[Press Release dt. 31-07-2019]

Source: PIB

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