Muslim Women (Protection of Rights on Marriage) Act, 2019
About the Act
- The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.
- It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.
- Offence and penalty: The Act makes declaration of talaq-e-biddat a cognizable offence, attracting up to three years’ imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant)
- The Act provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
- The offence may be compounded (i.e. the parties may arrive at a compromise) by the Magistrate upon the request of the woman (against whom talaq has been declared).
- Allowance: A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.
- Custody: A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children.
Why in News?
- The Delhi High Court has granted anticipatory bail to a man accused of pronouncing triple talaq on his wife.
- The man argued that the allegations were false and fabricated as the woman was still his legally wedded wife.
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