The Muslim Women (Protection of Rights on Marriage) Act, 2019 arrived into effect after receiving the Presidential nod. It superseded an Ordinance that had been promulgated on ‘triple talaq’. This law brings noteworthy changes to the Indian legal system, impacting the rights and status of Muslim women significantly.
Declaration of Talaq and Its Legal Standing
The Act renders all declarations of talaq, irrespective of whether they are conveyed in written or electronic form, void and unenforceable. It applies specifically to the talaq-e-biddat or any other analogous form of talaq pronounced by a Muslim man, leading to instant and irrevocable divorce.
Offence and Penalty: The Legal Consequences
A declaration of talaq is now considered a cognizable offence, which can draw up to three years of imprisonment along with a fine. The term ‘cognizable offence’ implies that the police can arrest the accused without a warrant. However, it’s important to understand that the offence becomes cognizable only if the information relating to the offence is presented by the married woman it has been declared against, or any person related to her by blood or marriage.
Bail: Scope and Conditions
The Act gives the Magistrate the authority to grant bail to the accused. However, the bail can only be granted after hearing the woman against whom talaq has been pronounced. If the Magistrate is convinced of reasonable grounds for granting bail, only then can it be approved.
Compounding Offence: Path to Resolution
The Act also allows for the compounding of the offence, whereby the parties may arrive at a compromise. The request for the same must come from the woman against whom talaq has been declared. The terms and conditions for this compounding will be determined by the Magistrate.
Allowance and Custody Rights
| Provision | Description |
|---|---|
| Allowance | A Muslim woman against whom talaq has been declared is eligible to seek subsistence allowance from her husband for herself and her dependent children. The amount will be determined by the Magistrate. |
| Custody rights | The Act provides such a woman the entitlement to seek custody of her minor children. The manner of custody will be finalized by the Magistrate. |
Source of Information
This data originated from the Press Information Bureau (PIB).
