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Muslim Women (Protection of Rights on Marriage) Ordinance, 2018

An Ordiance to protect the right of married Muslim women and to prohibit divorce by pronouncing talaq by their husband and for matters Connected therewith or incidential thereto;

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 19th September, 2018

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2018

NO. 7 OF 2018

Promulgated by the president in the Sixty-Ninth year of the Republic of India.

An Ordiance to protect the right of married Muslim women and to prohibit divorce by pronouncing talaq by their husband and for matters Connected therewith or incidential thereto;

WHEREAS the Muslim Women (protection of Right on Marriage ) Bill, 2017 has been passed by the House of the People and is pending in the Council of states;

AND WHEREAS inspite of the fact that the Supreme Court has held in the matter of Shayara Bano Versus Union of India and others [Writ Petition (Civil) No. 118 of 2016] and other connected matters that the practice of triple talaq (talaq-e-biddat) as unconstitutional, the said practice is still continuing unabated;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the said Bill with certain modifications;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.

(1) This Ordinance may be called the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force at once.

2. Definitions.

2. In this Ordinance, 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 Judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where the married Muslim woman resides.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND
ILLEGAL

3.Talaq to be void and illegal 

 Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

4. Punishment for pronouncing talaq

 Any Muslim husband who 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 shall also be liable to fine.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED
MUSLIM WOMEN

5. Subsistence allowance:

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.

6. Custody of Minor children

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 the Magistrate.

7. Offence to be Cognizable Compoundable etc.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

(a) an offence punishable under this Ordinance shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;

(b) an offence punishable under this Ordinance shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;

(c) no person accused of an offence punishable under this Ordinance shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

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