Friday, March 29, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

MODEL ANSWERMUSLIM LAW

MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019.

Discuss the salient features of Muslim Women (Protection of Rights on Marriage) Act, 2019.

INTRODUCTION
This act is based upon Talaq-ul-biddat that is triple Talaq. In this act, government has declared the practice of triple Talaq illegal and punishable. In the year 2017, the Supreme court declared triple Talaq illegal and unconstitutional but even after this judgment, the repeated instances of violations came into notice then the Lok Sabha passed Muslim Women (Protection of Rights on Marriage) Bill in 2017 but it lapsed in Rajya Sabha.
Then in September 2018, Ordinance was passed by cabinet and in July 2019, Lok Sabha and Rajya Sabha passed this bill and after the assent of President it came into force as Muslim Women (Protection of Rights on Marriage) Act 2019.

OFFENCE
According to this act, the practice of triple Talaq whether in written or in electronic form will be considered void and illegal. Basically, according to this act, practice of triple Talaq is an offence.

PENALTY
According to this act, triple Talaq is a cognizable offence and if any male gives divorce to his wife through this mode then he will be punished with imprisonment which may extend to three years and fine.

WHO CAN FILE A COMPLAINT
According to this act, only wife against whom Talaq has been pronounced can file complaint against her husband or any person related to the woman by blood or marriage can file a complaint on her behalf.

BAIL
According to this act, Judicial Magistrate First Class has power to grant bail but he will grant bail only after hearing the woman and if he thinks that there are reasonable grounds to grant the bail then only he will grant the bail.

COMPOUNDING OF AN OFFENCE
According to this act, the offence can be compounded with the permission of Magistrate on the request of women.

ALLOWANCE AND CUSTODY
According to this act, a woman is entitled to get subsistence allowance from the Muslim male for herself and for her children. Moreover, she is entitled to get the custody of her minor child.

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