1. TRIPLE TALAQ BILL 2019
“ The Muslim Women
(Protection of Rights on
Marriage) Act, 2019”
2. The most awaited bill assented by the President of
India on August 1st, 2019 .
Total Sections under this Act = 8
A) Name of the Act :
“ The Muslim Women (Protection of Rights on
Marriage) Act, 2019”
B) Applicability
Section 1 : It shall extend to the whole of India
except the State of Jammu and Kashmir.
This Act come into force w.e.f. 19th September, 2018.
3. c) Offence and Penalty:
Declaration of Talaq to be void and illegal
Section 3 : Any pronouncement of talaq by a
muslim husband upon his wife , by words ,
wither spoken or written or in electronic form or
in any other manner shall be void or illegal.
Declaration of Talaq = Cognizable Offence
Cognizable Offence: A Cognizable Offence is
one for which a police officer may arrest an
accused person without Warrant.
4. Section 4 : any activity mentioned above in Section 3 if
done by a Muslim man , he shall be punishable with
imprisonment for a term which may extend to 3 years
and shall also liable to fine.
Section 7: A) The Offence will be cognizable only when
the information is given by :
a) The Married woman (against whom the talaq has
been declared), or
b) Any person related to her by blood or marriage.
B) Offence punishable under this act shall be
COMPOUNDABLE at the instance of married muslim
woman upon whom talaq is pronounced with the
permission of Magistrate and magistrate can impose
terms and conditions as he may determine.
(Compounding: where two sides agree to stop Legal
Proceedings and settle the dispute)
5. c) BAIL: The Magistrate may provide the
Bail to the accused. The bail may be granted
only after hearing the woman (against whom
talaq pronounced) and if magistrate is
satisfied and found reasonable ground, can
grant bail.
D) Allowance
Section 5: 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 allowance will be determined by
the Magistrate.
6. E) Custody
Section 6: A Muslim woman against whom
such talaq has been declared, is entitled to
seek custody of her minor children. The
manner of custody will be determined by the
Magistrate.