The Muslim Women (Protection of Rights on Marriage) Act, 2019

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 __________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. CHAPTER II DECLARATION OF TALAQ TO BE VOID AND ILLEGAL 3. CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN 5. Offence to be cognizable, compoundable, etc.

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

Section 3 — Talaq to be void and illegal

Section 4 — Punishment for pronouncing talaq

Section 5 — Subsistence allowance

Section 6 — Custody of minor children

Section 7 — Offence to be cognizable, compoundable, etc

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 ACT NO. 20 OF 2019 [31st July, 2019.] An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. Short title, extent and commencement.—(1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2019. (2) It shall extend to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 19th day of September, 2018. Definitions.—In this Act, unless the context otherwise requires,— (a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (b) “Magistrate” means a Judicial Magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides; and (c) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband. CHAPTER III PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN 5. Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) an offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; (b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine; *.

(c) no person accused of an offence punishable under this Act shall be released on bail unless the

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Section 8 — Repeal and savings

(c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have been done or taken under the provisions of this Act.