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Govt Passes Ordinance to Make Instant Triple Talaq a Criminal Offence

Team SoOLEGAL 20 Sep 2018 3:00pm

Govt Passes Ordinance to Make Instant Triple Talaq a Criminal Offence

Following the lack of consensus among political parties in Rajya Sabha on the Bill criminalising the practice of Instant Triple Talaq, the Union Cabinet on Wednesday decided to take the ordinance route in the matter.

The ordinance was signed by President Ram Nath Kovind hours later.

Briefing on ordinance, Ravi Shankar Prasad, Union Minister for Law and Justice said:

There was an overpowering urgency and a compelling necessity to bring the ordinance as the practice continued unabated despite the Supreme Court order last year.”

Read more: SC declares Triple Talaq null and void with the Majority of 3:2

During the press conference, the Union Minister said that though the government managed to get the Muslim Women (Protection of Rights on Marriage) Bill, 2017 passed in Lok Sabha on December 2017, it got stuck in Rajya Sabha where the ruling alliance does not have a majority.

Read more: Triple Talaq Bill Passed in Loksabha, sterner test awaits in Rajya Sabha

According to the ordinance, instant triple talaq is a punishable offence, and will land the husband in jail for three years.

Prasad also provided details about a few other “core components” of the ordinance:

  1. An offence will only be cognizable when the “victim wife” or her relatives by blood or marriage file an FIR.
  2. The offence is “compoundable” — this means that there can be a compromise but only on the insistence of the wife, and the magistrate will have to determine the terms and conditions.
  3. Bail can be granted to the offender by a magistrate “but only after hearing the victim wife” because this is a private dispute between the husband and the wife, and the wife must be heard when bail is granted.
  4. Furthermore, the “victim wife” will get custody of minor children and will be entitled to receive maintenance from the husband for her and the children, as decided by a magistrate.
Tagged: Ordinance Passed Criminalising Triple Talaq   Triple Talaq   Criminal Offence   Union Minister for Law and Justice   Ravi Shankar Prasad   President Ram Nath Kovind   Rajya Sabha   SC  
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