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Triple talaq ordinance re-promulgated

Press Trust of India  |  New Delhi 

The government has re-promulgated the 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 was issued. The had last week approved reissuance of the

Seeking to allay fears that the proposed 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 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 to grant bail "after hearing the wife", the government had said.

The 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 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.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Sun, January 13 2019. 11:35 IST
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