Bill Summary

The Muslim Women (Protection of Rights on Marriage) Bill, 2017
 

• The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 28, 2017.
   
• The Bill 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.  Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.
   
• Offence and penalty: The Bill makes declaration of talaq a cognizable and non-bailable offence.  (A cognizable offence is one for which a police officer may arrest an accused person without warrant.)  A husband declaring talaq can be imprisoned for up to three years along with a fine.
   
• 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 decided by a First Class Magistrate. 
   
• Custody of minor children: A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children.  The determination of custody will be made by the Magistrate.

 

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