• The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.  It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.  Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce. 
   
• Offence and penalty:  The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.  (A cognizable offence is one for which a police officer may arrest an accused person without warrant.)  The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.  
   
• The Bill provides that the Magistrate may grant bail to the accused.  The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail.
   
• The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has been declared).  Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute.  The terms and conditions of the compounding of the offence will be determined by the Magistrate.  
   
• Allowance:  A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children.  The amount of the allowance will be determined by the Magistrate.
   
• Custody:  A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate.

Read full text of Bill here:

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Source: PRSIndia

The post No More ‘Talaq Talaq Talaq’, Parliament passes bill to criminalise Triple Talaq, Read Bill appeared first on Legal Desire Media and Insights.

Read & Download, Full Judgment of Supreme Court Here:

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The post Read & Download: Full Judgment on ‘Triple Talaq declared as Unconstitutional by SC’ appeared first on Legal Desire Media and Insights.

CJI Khehar asked the government to bring legislation in six months to govern marriage and divorce in the Muslim community. He added that talaq-e-biddat is an integral part of the Sunni community and has been practiced for a 1000 years, reported ANI.

The ball is now in Parliament’s court. It is to be noted that the Centre had during the course of hearings earlier this year told the bench that it will come out with a law to regulate marriage and divorce among Muslims+ if ‘triple talaq’ is held invalid and unconstitutional by the apex court.

In February this year, the SC said a Constitution bench would be set up to hear and decide on whether ‘triple talaq’, the oral divorce practice some Muslims follow, is constitutionally valid. The bench reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

Shayara Bano, a 35-year-old woman, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. Petitions of four other Muslim women – Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri – were tagged with Bano’s plea.

Some Muslim groups see the issue as a matter of religious right while others, including the Centre, termed it unconstitutional. The bench had asked All India Muslim Personal Law Board (AIMPLB) why a“custom which is theologically sinful”+ was “part of the practice of a community”. The question was asked after AIMPLB took the stand that triple talaq might be sinful yet it was a religious practice dictated by Sharia.

Source: TOI, PTI

The post Supreme Court declares Triple Talaq, ‘Unconstitutional’, strikes it down for 6 Months till new law is made appeared first on Legal Desire Media and Insights.