Union Cabinet passed the ordinance to amend the provisions of the triple Talaq bill 2017. President Ram Nath kovind signed the ordinance same day. The official name of the ordinance is the Muslim women (protection of rights of the marriage) ordinance 2018.
Key features of the ordinance:
1.The ordinance is made to protect the rights of married Muslim women and to provide prohibit divorce by pronouncing Talaq by their husbands.
2. The ordinance is passed where Muslim women protection of rights on marriage bill 2017 has been passed by the house of people and is pending in the Council of States.
3. The supreme court in the case of Sayara Bano vs Union of India has held triple talaq unconstitutional.
Scheme of the ordinance:
There are three chapters in the audience chapter one is related with preliminary matters such as name, extent, date of enforcement and definitions of the words used in the ordinance.
Chapter 2 deals with the Talaq to be void and illegal.
There are two sections in this chapter. section 3 provides Talaq to be void and illegal and Section 4 provides punishment for pronouncing Talaq.
Chapter 3 deals with protection of rights after married Muslim women. There are 3 sections in this chapter Section 5 6 and 7. Section 5 deals with subsistence allowance section 6 provides custody of minor children with wife and section 7 makes the offence to be cognizable and compoundable.
The ordinance cell extends to whole of India except the state of Jammu and Kashmir.
It shall come into force on at once that is 19th September 2018.
3. Talaq to be void and illegal.
Any pronouncement of Talaq by Muslim husband upon his wife buy words , either spoken or written or in electronic form shall be void and illegal as per section 3.
4. Punishment for pronouncing talaq.
any muslim who pronounces talaq to his wife shall be punished with imprisonment for a term which may extend to 3 years and shall also be liable to fine.
5. Provisions for subsistence allowance.
A married Muslim women upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance for her dependent children.
6. Custody of minor children.
Muslim married women Shall be entitled to custody of minor children in case of pronouncement of Talaq by her husband as determined by the magistrate.
7. Offence to be cognizable and compoundable.