The Union Cabinet on September 19th, 2018, approved an ordinance making triple talaq, the centuries-old practice of instant divorce by men a punishable offence.
The move was taken after the government failed to pass the Muslim Women (Protection of Rights on Marriage) Bill, 2017, in the Rajya Sabha during the recent monsoon session due to the opposition parties having reservations over criminal provisions in the draft law.
The Bill was moved to Rajya Sabha after it was passed by the Lok Sabha in the winter session of Parliament.
Earlier, in August 2018, due to growing opposition to the draft Bill, the government approved three amendments. According to the new amendments, the proposed law will remain ‘non-bailable’ i.e. an accused person has to approach a magistrate to seek bail and the bail cannot be granted at the police station by the police.
As per the second amendment, the police would lodge FIR only if approached by the victim, her blood relations or people who become her relatives by virtue of her marriage.
The third amendment makes the offence of triple talaq ‘compoundable’, where the parties have an option to settle the dispute.
The Supreme Court in August 2017 declared triple talaq illegal and unconstitutional.
Bombay High Court grants Anticipatory bail to a man who allegedly gave triple talaq to wife on SMS by stating, ‘Settling disputes through mediation possible’
Judiciary
Sep 01, 2021
SONAM SONKAR
(
Editor: Ekta Joshi
)
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Stating that a dispute between the husband and the wife can be dissolved through mediation, the High Court of Bombay granted bail to a man last week for giving Triple Talaq to his wife by sending an SMS to her.The bench of Justice Sandeep K. Shinde was hearing the anticipatory bail petition of Adnan Iqbal Moulvi who was charged with offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019.In this case, the wife mentioned...
Plea Against Triple Talaq Bill Filed In Delhi High Court
A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking to quash Sections 4 and 7 of the newly passed The Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises instant 'triple talaq' among Muslims and attracts a jail term of three years for the husband.Under Section 4 of the Act, a man who gives 'triple-talaq' to his wife is liable for imprisonment of three years.The petition filed by social activist Shahid Ali stated that the Supreme Court had...
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