Muslim Women Ordinance (Protection on Marriage)

Đạo luật về Phụ nữ Hồi giáo (Bảo vệ Quyền Hôn nhân) của Ấn Độ chi tiết.

b> The Muslim Women (Protection of Rights on Marriage) Bill, 2018. Bill to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

The provisions of the bill are as follows:

• All declaration of instant triple talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.

• Instant triple talaq remains cognisable offence with a maximum of three years imprisonment and a fine. The fine amount is decided by the magistrate.

• The offence will be cognisable only if information relating to the offence is given by the wife or her blood relative.

• The offence is non-bailable. But there is a provision that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the wife and if the Magistrate is satisfied with reasonable grounds for granting bail.

• The wife is entitled to subsistence allowance. The amount is decided by the magistrate.

• The wife is entitled to seek custody of her minor children from the marriage. The manner of custody will be determined by the Magistrate.

• The offence may be compounded (i.e. stop legal proceedings and settle the dispute) by the Magistrate upon the request of the woman (against whom talaq has been declared).

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