Government re-promulgates ordinance banning triple talaq

Jan 14, 2019, 12:50 IST | PTI

A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue

Government re-promulgates ordinance banning triple talaq
Activists shout slogans as they protest against the Triple Talaq Bill in New Delhi. File pic/AFP

The government has re-promulgated the ordinance banning the practice of instant triple talaq. Under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019, issued on Saturday, divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years for the husband. A Bill to convert the earlier ordinance, issued in September, 2018, was cleared by Lok Sabha in December and was pending in Rajya Sabha. Since the Bill could not get the parliamentary approval, the fresh ordinance was issued.

The Union Cabinet had last week approved reissuance of the ordinance. Seeking to allay fears that the proposed law could be misused, the government has included certain safeguards in it such as adding a provision of bail for the accused before trial These amendments were cleared by the Cabinet on August 29, 2018.

While the ordinance makes it a "non-bailable" offence, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself. A provision has been added to allow the magistrate to grant bail "after hearing the wife", the government had said.

The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage. Neighbours and others cannot lodge a complaint under the ordinance.

The offence of instant triple talaq will be "compoundable". A magistrate can use his powers to settle the dispute between a husband and his wife. This will happen only when the wife approaches the court Under a compoundable offence, both parties have the liberty of withdrawing the case. The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

DISCLAIMER: mid-day and its affiliates shall have no liability for any views, thoughts and comments expressed on this article.

Did Balasaheb Thackeray Try to Kill Sonu Nigam? Here's the truth!

This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK