WHAT IS TRIPLE TALAQ?
A Modified of Talaq is a form of divorce that was Practised in India in which a Muslim man could legally divorce his wife by pronouncing Talaq three times. The pronouncement could be oral or written; or, in recent times, it was delivered by electronic means like telephone, SMS, email or any other social media. Now, India has Criminalized centuries- old Practice. It is known as Talaq-e-biddat.
ORDINANCE OF TRIPLE TALAQ
Recently the union cabinet clearly approved an ordinance that makes instant triple talaq or talaq-e-biddat, a criminal offence. So, this instant triple talaq will continue as the non-bail able offence. As per the “Muslim Women Protection of rights on Marriage Bill”, there are many key amendments approved in this Ordinance.
Now Triple Talaq is a punishable criminal offence which can be reported by FIR
(First Information Report)
It is a non- bailable offence when FIR is lodged, the accused cannot grant bail at the police station.
The offence would become Cognizable, in which police has the power to make an arrest without a warrant – Only when the “Victim’s wife” or her “blood relatives” lodge a complaint. Any other person will not be able to lodge an FIR.
The offence will ‘Compoundable’ which means a compromise can be reached between the couple. When it is categorized as compoundable case, both parties have the option to withdraw the case.
A Magistrate can grant bail only after hearing the victim’s wife. The punishment for men for up to three years.
An ordinance, under Article 123 of the Indian constitution, says when the parliament is not in session, this article gives Power to the government to bring a law on urgent matters. However, it has to be brought before parliament and passed within the time period of six weeks.
This Triple Talaq ordinance; The Triple Talaq law, officially called Muslim Women (Protection of Rights on Marriage) Bill 2017.
ORDINANCE OF INSTANT TRIPLE TALAQ
The modified ‘Instant Divorce’ has been used by Indian Muslim men to divorce his wife over social media by sending an SMS ‘Talaq’ three times, on phone and in person.
Hon’ble Supreme Court set aside this instant talaq as a “Manifestly Arbitrary” Practice by 3/2 majority of the judgement. After that, The Muslim Women (Protection of rights on Marriage) Bill, 2017 was passed.
In the case of Shayara Bano v/s Union of India, on August 22, 2017, which makes instant triple talaq (talaq-e-biddat) a punishable offence.
Click here to read more about "MAINTENANCE OF WIFE UNDER MUSLIM LAW"
WHO CAN FILE AN FIR?
According to the ordinance, only a woman (Victim’s wife), her blood relatives can file an FIR against the husband who Divorced through ‘Triple Talaq’.
WHAT DOES THE BILL SAY?
According to clause 3 of the bill, it makes the pronouncement of Instant talaq or talaq –e-biddat “void or illegal”.
RIGHTS OF THE MUSLIM WOMEN
According to clause 5 and 6 of the Bill- A married Muslim woman upon whom talaq is pronounced, shall be entitled to receive the amount of allowance from her husband and her dependent children and also shall be entitled to custody of her minor children in the pronouncement of the Triple talaq by her husband.
WHO CAN FILE AN FIR?
According to the Ordinance Bill, Only a “victim wife” or her “blood relatives” by virtue of marriage can file an FIR against the husband who divorced through the pronouncement of “Triple Talaq”
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