UNDERSTANDING THE MUSLIM WOMEN PROTECTION OF RIGHTS ON MARRIAGE ACT 2019

A Major Shift In India's Legal System Was Brought About By The Muslim Women's Protection Of Rights On Marriage Act 2019 Also Referred To As The Triple Talaq Act. Its Goal Was To Address The Long-Standing Problem Of Instant Divorce, Or Triple Talaq, Among Muslim Women. The Act, Which Was Passed By The Indian Government In August 2019, Aimed To Protect Muslim Women By Outlawing The Practice Of Instant Divorce And Making Sure Their Rights Were Upheld.

Triple Talaq: About

  • In Islam, A Muslim Man Could Divorce His Wife By Saying "Talaq" Three Times, A Procedure Known As "Talaq-E-Biddat" Or "Triple Talaq." The Woman Does Not Have To Be Present When The Talaq Is Said, Nor Does The Male Have To Give A Cause For The Divorce. 

  • The Media Has Reported On A Number Of Incidents Nationwide When Muslim Husbands Gave Their Wives Quick Triple Talaq On The Most Tenuous Of Grounds, Such As Gaining Weight, Failing To Prepare The Food Correctly, Or Rising Late In The Morning. 

  • There Were Also Numerous Such Incidences That Had A Negative Impact On Muslim Women's Life But Were Never Reported.

UNDERSTANDING THE MUSLIM WOMEN PROTECTION OF RIGHTS ON MARRIAGE ACT 2019
Muslim Women Protection Of Rights On Marriage Act 2019: What Is It?

  • The Government Of India Passed The Muslim Women's Protection Of Rights On Marriage Act 2019 After Realizing The Difficulties Encountered By Muslim Women As A Result Of Triple Talaq And The Necessity For Legislative Change. 

  • The Act Attempts To Safeguard And Support Muslim Women Who Have Been Victims Of Instant Triple Talaq Divorce By Making The Practice Illegal.

  • Declaring Triple Talaq Orally, In Writing, Or Electronically Is Prohibited Under The Act And Is Null And Invalid. It Sanctions Fines And A Maximum Three-Year Prison Sentence For The Infraction. 

  • In Addition, The Act Offers Safeguards Regarding Child Custody And Provisions For Maintenance Payments To The Divorced Lady And Her Children.

Triple Talaq Act: Salient Features

  • The Triple Talaq Act Designates Talaq As A Cognizable Offense, Which Entails A Maximum Three-Year Detention Period And A Fine. A Cognizable Offense Is One For Which Police May Apprehend A Person Without A Warrant. 

  • Furthermore, The Offense Shall Be Deemed recognizable if Information Pertaining To The Offense Is Provided By Either (I) The Wife, Who Has Been Declared Innocent, Or (II) Any Person Connected To Her By Marriage Or Blood.

  • Bail Cannot Be Granted Before The Magistrate Has Had A Chance To Speak With The Woman (Against Whom Talaq Has Been Pronounced) And Has Concluded That There Are Reasonable Grounds To Do So. 

  • The Woman (Against Whom Talaq Has Been Proclaimed) May Also Request That The Offence Be Compounded By The Magistrate. The Agreement Between Two Parties To Terminate Legal Procedures And Resolve Their Dispute Is Known As Compounding. The Conditions Under Which The Offense Will Be Compounded Will Be Determined By The Magistrate.

  • A Muslim Woman Who Has Been The Target Of Talaq Is Entitled To Ask Her Partner For Subsistence Alimony, Also Known As Maintenance Money, For Both Herself And Her Minor Children. Similarly, The Magistrate Will Determine How Much Of The Remittance Is Made.

  • A Muslim Woman Who Has Been The Target Of Such A Declaration Of Talaq Is Entitled To Seek Guardianship Or Custody Of Her Minor Children. The Magistrate Will Decide How The Case Is Handled.

One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, free legal advice online can be obtained From Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.

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