New Delhi (ABC Live): Muslim Women Protection Rights : The Lower house of Indian Parliament on 28/12/2017 has passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017 protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017
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.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
Short title, extent and commencement
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Muslim Women (Protection of Rights on Marriage)
Act, 2017.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint. Short title, extent and commencement.
AS PASSED BY LOK SABHA ON 28.12.2017 Bill No. 247-C of 2017
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “electronic form” shall have the same meaning as assigned to it in clause (r)
of sub-section (1) of section 2 of the Information Technology Act, 2000;
(b) “talaq” means talaq-e-biddat or any other similar form of talaq having
the effect of instantaneous and irrevocable divorce pronounced by a Muslim
husband; and
(c) “Magistrate” means a Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where a married Muslim woman resides.
CHAPTER II
DECLARATION OF TALAQ TO BE VOID AND ILLEGAL
Talaq to be void and illegal.
3. Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Punishment for pronouncing talaq.
4. Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and fine.
CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
Subsistence allowance.
5. Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate.
Custody of minor children.
6. Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by theMagistrate.
Punishment for pronouncing talaq.
7. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be cognizable and non-bailable within the meaning of the said Code.
