December 1, 2017

The offence will be cognizable and non-bailable as per Draft Law in pipeline.

The govt. will be bringing a bill in the winter session of Parliament that'll criminalize instant triple talaq, or talaq-e-biddat. It would also accord rights of maintenance & child’s custody to the 'victim' of such a divorce, as per a top source in the Law Ministry.

A husband attempting to divorce his wife through instant triple talaq whether spoken, written or communicated through electronic means like messages & emails - can be handed out 3 years’ imprisonment & a fine, the new proposed law states.

Talaq-e-biddat is a custom under Muslim personal law that allows a man to divorce his wife by uttering the word “talaq” three times.

Though a 5-Judge bench of the Apex Court struck down this practice as illegal & unconstitutional in a 3:2 judgement on 22nd August, its practice has continued.

As the law stands today, a victim of ‘talaq-e-biddat’ or instant triple talaq would've no option but to approach police for redressal of her grievance, since Muslim clergy would be of no assistance to her at all. But even the Police are helpless, since no action can be taken against the husband in the absence of any punitive provisions in the law.

Despite advisories being issued to the Muslim community against this archaic practice, there seemed to be no decline in the cases of divorce by ‘talaq-e-biddat’, the functionary claimed.

In a recent case of ‘talaq-e-biddat’, Aligarh Muslim University (AMU) professor divorced his wife through WhatsApp & SMS.

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