Primary law, Tamil Nadu land law
The Muslim Women (Protection of Rights on Marriage) Act, 2019
The Muslim Women (Protection of Rights on Marriage) Act, 2019, Act No. 20 of 2019, enacted by Parliament on 31st July, 2019, protects married Muslim women by making pronouncement of talaq by a Muslim husband void and illegal, and by setting out criminal consequences and related rights. It also provides for subsistence allowance, custody of minor children, and rules on police action, compounding and bail, and it repeals the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 while saving actions already taken under that Ordinance.
What this law does
The Muslim Women (Protection of Rights on Marriage) Act, 2019, Act No. 20 of 2019, is a central law enacted by Parliament to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands.
It says that any pronouncement of talaq by a Muslim husband upon his wife, whether spoken, written, in electronic form or in any other manner, is void and illegal. The Act defines talaq as talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.
Who it affects
This law mainly affects:
- married Muslim women
- Muslim husbands
- police officers receiving complaints
- Judicial Magistrates of the first class exercising jurisdiction where the married Muslim woman resides
The Act states that a 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.
Key provisions
- Pronouncing talaq in the form covered by the Act is void and illegal.
- A Muslim husband who pronounces such talaq upon his wife is punishable with imprisonment for a term which may extend to three years, and is also liable to fine.
- A married Muslim woman upon whom talaq is pronounced is entitled to receive from her husband subsistence allowance for herself and dependent children, in an amount determined by the Magistrate.
- A married Muslim woman is entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in the manner determined by the Magistrate.
- The offence is cognizable if information is given to the officer in charge of a police station by the married Muslim woman or any person related to her by blood or marriage.
- The offence is compoundable at the instance of the married Muslim woman, with the permission of the Magistrate, on terms and conditions determined by the Magistrate.
- Bail cannot be granted unless the Magistrate hears the married Muslim woman and is satisfied that there are reasonable grounds for granting bail.
Extent, commencement and repeal
The Muslim Women (Protection of Rights on Marriage) Act, 2019 states that it shall be deemed to have come into force on the 19th day of September, 2018. It also repeals the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019, while preserving anything already done or any action already taken under that Ordinance.
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Common questions
Does this law say instant talaq is legally valid?
No. The Muslim Women (Protection of Rights on Marriage) Act, 2019 says any pronouncement of talaq by a Muslim husband upon his wife, whether spoken, written, in electronic form or in any other manner, shall be void and illegal.
Can a married Muslim woman claim money for herself and her children under this law?
Yes. A married Muslim woman upon whom talaq is pronounced is entitled to receive from her husband subsistence allowance for herself and dependent children, in an amount determined by the Magistrate.
Who can give information to the police about an offence under this law?
The offence is cognizable if information is given to the officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced, or by any person related to her by blood or marriage.
Can the accused get bail automatically under this law?
No. Bail cannot be granted unless the Magistrate hears the married Muslim woman upon whom talaq is pronounced and is satisfied that there are reasonable grounds for granting bail.
