New Delhi: 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 the Lok Sabha in December and is pending in the Rajya Sabha. Since the Bill could not get parliamentary approval, the fresh ordinance was issued.
The Union Cabinet had approved re-issuance of the ordinance last week.
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 29 August, 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 the 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 will ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the Bill
The police will lodge an FIR only if approached by the victim (wife), her blood relatives 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 wife. This will happen only when the wife approaches the court. Under a compoundable offence, both parties have the liberty to withdraw the case.
The proposed law will only be applicable on instant triple talaq or 'talaq-e-biddat' and will give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.
A woman can also seek custody of her minor children from the magistrate. who will take a final call on the issue.
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Updated Date: Jan 13, 2019 13:57:41 IST