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Triple talaq

Published: 10th Aug, 2019

Context

President Ram Nath Kovind gives assent to triple talaq Bill.

About

  • Any pronouncement of ‘talaq’ by a Muslim husband to his wife in any manner, spoken or written, shall be void and illegal.
  • Any Muslim husband who communicates the ‘talaq’ orally or in writing may face a punishment up to three years in jail. The punishment may be also extended.
  • Despite the presence of general laws in force, if a Muslim man pronounces ‘talaq’ to his wife, then the woman and her children are entitled to receive an allowance for subsistence. Such amount can be determined by a Judicial Magistrate of the First Class.
  • Muslim woman is entitled to the custody of her minor children even if her husband has pronounced ‘talaq’ to her.
  • The offence pronouncing talaq is cognizable if the Muslim woman, on whom it is pronounced, communicates the information to a police officer.
  • The offence is also compoundable, if the Muslim woman insists for the same and the Magistrates allows certain terms and conditions which he may determine.
  • A person accused of this offence cannot be granted bail unless an application is filed by the accused after a hearing in the presence of the Muslim woman (on whom talaq is pronounced) is conducted and the Magistrate is satisfied about the reasonable grounds for granting bail.
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