Introduction
Marriage is an important aspect of life because it is a decision of an entire life. A Muslim marriage has always been a concern for the society because of their rules as per their personal laws. According to their personal laws, it is legal for a Muslim man to keep four wives irrespective of the fact that there has been no death, divorce occurrence or any other legal separation from the already existed marriages.
Another factor is also of a major issue. A Muslim man can divorce his wife by pronouncing the word ‘talaq’ thrice. This is popularly known as a triple talaq. This practice of dismissing a marriage is considered legal and valid and is known as talaq-e-biddat. The matter of concern in this is that the husbands give divorce in the heat of the moment or because of any one incident or circumstance and the effect has to be borne by the wives.
Why the Ordinance came into force?
In the landmark case of Shayara Bano vs. Union of India the practice of triple talaq has been held unconstitutional. However, this practice is still continuing unabated.
To protect the women from this concern, the Government of India promulgated the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 on September 19, 2018. Lok Sabha has passed the Bill. However, it is pending in Rajya Sabha.
Features of the Ordinance
The main aim of the Ordinance is to protect the right of married Muslim women and to prohibit divorce by pronouncing talaq thrice or any other similar form by their husband. As per this Ordinance, Magistrate means a Judicial Magistrate of the first class.
Offence:
The Ordinance state that 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, will be void and illegal.
Type of Offence:
The offence under this section is a cognizable offence, i.e. the police officer can arrest any person without any warrant under this offence. The offence will be cognizable only if information relating to the offence is given by:
- the married woman (against whom talaq has been declared), or
- any person related to her by blood or marriage.
Punishment:
Imprisonment for a term which may extend to three years and shall also be liable to fine.
Allowance:
A Muslim woman against whom the talaq has been pronounced is entitled to the allowance. The husband should give the allowance to his wife and dependent children. The Magistrate will decide the amount of the allowance.
Custody:
The custody of the minor children should be given to Muslim woman. The Magistrate will decide the manner of custody.
Granting of Bail:
As per the Ordnance, the Magistrate may grant bail to the accused if he thinks there are reasonable grounds to do so. However, it should be done only after hearing the Muslim woman against whom talaq has been pronounced.
Compounding of the offence:
Compounding is the procedure of dismissing the legal proceedings and settle the disputes outside the Court. The offence of triple talaq may be compounded by the Magistrate upon the request of the Muslim women upon whom talaq has been pronounced. Moreover, the Magistrate will determine the terms and conditions of the compounding of the offence.
Conclusion
This is an important Ordinance which needs to become an Act as soon as possible. As we see that the condition of Muslim women is deteriorating day by day as related to marriage. Therefore, this will help in the improvement of the women which will lead to the betterment of society.