Criminalization And Decriminalization Of TALAQ

652 votes

The Muslim Women (Protection of Rights on Marriage) Act, 2019 explicitly declares triple talaq (talaq-e-bid'ah) to be void and illegal, but not all forms of talaq. What the Law Says: Triple Talaq is Illegal: Any form of instant, irrevocable divorce (whether spoken, written, or electronic) is void and punishable under this Act. The husband can face up to 3 years of imprisonment and a fine. Other Forms of Talaq Are Not Affected: Talaq-e-Ahsan (one pronouncement followed by iddat period) is still valid. Talaq-e-Hasan (three separate pronouncements over three months) is also valid. The Act only bans triple talaq (instant talaq), not all talaq forms. A Muslim man can still divorce his wife legally using Talaq-e-Ahsan or Talaq-e-Hasan, provided he follows the prescribed procedure.

Advocate Mrudhula Jahnavi LawRato