Parliament enacted this law pursuant to the Supreme Court decision Shayara Bano v. Union of India. Section 3 of the Act bans and voids talaq-e-biddat declarations , while Section 4 stipulates imprisonment of up to three years along with fine for a Muslim man who pronounces talaq. Section 7 of the Act also declares the offence of pronouncing Talaq as a cognizable, non-bailable, and non-compoundable offence. The Act provides additional protections to Muslim women upon whom talaq is pronounced in Sections 5 and 6, including a subsistence allowance from their husband and custody of their children (as determined by the magistrate) respectively.
Year
2019
- Type
- Jurisdiction