Dec 29, 2017
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The Muslim women (protection of rights on marriage) bill 2017 ( Triple Talaq)

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The Muslim women (protection of rights on marriage) bill 2017 ( Triple Talaq)

Introduction

Triple Talaq is a famous concept in personal laws. Related to Muslim personal laws. Triple talaq means divorce under Muslim law. The object of the bill is:

  1. to protect the rights of married Muslim women
  2. prohibit divorce by pronouncing talaq by their husbands
  3. also to provide for matters connected therewith or incidental thereto.

This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2017. It shall extend to the whole of India except the State of Jammu and Kashmir.

“Talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

If Muslim marriage is a contract, “instant triple talaq breaks that contract,”

NDTV, Original Article, “Muslim Women Will No Longer Live Under Fear Of Talaq”, Retrieved on 29th December, 2017, By MJ Akbar.

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

Any pronouncement of talaq by the husband of Muslim women, by words, either spoken or also written and also in electronic form or in any other manner. Declared void and also illegal. Pronouncement of talaq by husband to his Muslim wife, punishable with imprisonment for a term which may extend to three years and also fine.

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

  1. Married Muslim woman also entitled to receive amount of subsistence allowance for her and dependent children. Such allowance payable by her husband. The amount of allowance determined by the Magistrate.
  2. Married Muslim woman has also entitlement of custody of her minor children in the event of pronouncement of talaq by her husband. Magistrate so determines it.
  3. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code.

 

Article Categories:
Family Law

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