Instant triple talaq (talaq-e-biddat) has been
held unconstitutional by the Honourable Supreme Court in case of Shayra Bano
vs Union of India, WP (C) 118/2016 ( 2017 SCC OnLine SC 963,)
decided on 22.08.2017. The bill to
criminalise the practice of act of triple talaq has been passed by Lok Sabha
and pending in Rajya Sabha, the President of India pleased to pass the Muslim
Women ( Protection of Rights) on Marriage Ordinance 2018 which came into force
on 19th September 2018.
Section
3 and 4of the Ordinance reads as follows:-
Section 3. Any pronouncement of talaq by a person upon his wife, by words, either spoken or
written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Section 4. Whoever
pronounces talaq referred to in
section 3 upon his wife shall be punished with imprisonment for a term which
may extend to three years and fine.
While section
6 gives the custody of minor children to the mother, which is as follows:-
Section 6. Notwithstanding anything contained in any other
law for the time being in force, a married Muslim woman shall be entitled to
custody of her minor children in the event of pronouncement of talaq by her husband, in such manner
as may be determined by the Magistrate.
Section 7 of
the Ordinance makes the offence
cognizable , non bailable and compoundable.
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