Muslim women (protection of right on marriage ) Bill,2019 popoulary known as the Triple Talaq Bill was Passed in lok shabha and rajya sabha.
Bill makes all declaration of instant divorce, including in written or electronic forms, to be void ( not enforceable by law) and illegal.
Triple Talaq, also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable divorce), is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence.
Talaq-e-biddat or any other similar forms of talaq pronounced by a muslim man resulting in instant and irrevocable divorce. ( talaq-e-biddat refers to the practice under muslim personal law where pronouncement of the word “ triple talaq” in one sitting by a muslim man to his wife results in irrevocable divorce)
The bill declaration of talaq is a congnizable offence and attracting up to 3 years imprisonment/ Jail with a fine. (cognizable offence means police officer arrest accused person without warrant).
The offence will be congnizable only if information relating to the offence is given by :-
The married women ( against whom talaq has been declared by man).
Any person related to her by blood relation.
Bills provides that the magistrate may grant bail to the accused.
The bail may be granted only after hearing the women ( against whom talaq has been pronounced) and if the magistrate is satisfied that there reasonable ground for granting bail.
The offence may be compounded by the magistrate upon the request of the woman ( against whom talaq has been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute. The terms & conditions of the compounding of the offence will determined by the magistrate.
Allowance :- A muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and her dependent children. ( Amount of allowance will demanded by the magistrate.
Custody:- A muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children, The manner of custody will determined by the magistrate.
KUMAR RAHUL ANAND
KANOON KI SAMAJH