After the Supreme Court declared the practice of instant divorce ‘void, illegal and unconstitutional’, the Prime Minister Narendra Modi led Cabinet on December 15 approved the bill that makes instant triple talaq illegal.
Union Law Minister Ravi Shankar Prasad will introduce the bill in the Lok Sabha.
The drafted bill says that “any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal”.
There is also a provision of imprisonment for a term which may extend to three years and fine for violators.
The draft bill also envisages entitling divorcee Muslim women for maintenance.
“Without prejudice to the generality of the provisions contained in any other law for the time being in force,a married Muslim woman upon whom talaq is pronounced, shall be entitled to receive from her husband such amount of subsistence allowance for her and dependent children as may be determined by the Magistrate,” says the draft bill.
It also has a provision for the divorcee Muslim women to have the custody of their minor children.
“Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate,” the draft bill says.
The offences under the purview of this bill will be cognizable and non-bailable.
It shall extend to the whole of India except Jammu and Kashmir. (ANI)