- The Muslim women (Protection of Rights n marriage) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Mr Ravi shankar prasad on June21, 2019.
- The introduction of Bill clearly states that all declarations of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. It is called Talaq-e-biddat in the books of Muslim law, which means that when the word Talaq id said thrice to a muslim woman whether in written or in electronic form is void as per the new amendment an jusgement passed by the Supreme Cout of India.
- Offence and Penalty- The Bill makes declaration of talaq a cognizable offence, attracting upto three years. Imprisonment with a fine. (a cognizable officer is one for which a police officer may arrest an accused person without warrant). The offence will be cognizable only if the information relating to the offence is given by- (i) the married woman (against whom talaq has been declared), or (ii) any person related to her blood or marriage.
- The bill also provides that Bail can be granted to a man (Accused) by the Magistrate against whom proceedings are going on. The bail can oly be granted after hearing the women (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail, then bail will be granted to the accused persons by the Magistrate.
- The Offence may be compounded by the Magistrate upon the request of the woman n( against whom talaq has been declared). Compounding refers to the procedure where two sides agree to stop legal proceedings and settle the dispute. The terms and conditions of compounding o9f the offence is decided by the Magistrate.
A muslim woman against whom talaq has been declared is alaways entitled to take or seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance is determined by the Magistrate.
A Muslim woman against whom talaq has been declared is also entitled to seek custody of her minor children. It is also to be submitted that the manner in the which custody is to be provided to a Muslim woman is determined by the Magistrate.
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