An ordinance to protect the rights of married muslim women and to prohibit divorce by pronouncing talaq (talak-e-biddat or any instantaneous and irrevocable divorce) by their husbands was passed as The Muslim Women (Protection of Rights on Marriage) Ordinanace, 2019 on 12-01-2019.
A bill to convert the earlier ordinance, issued on 19-09-2018, was cleared by Lok Sabha on the 27-12-2018 and was pending in Rajya Sabha. Since it could not get the parliamentary approval , the fresh ordinance was issued by the President under clause (1) of Article 123, making talaq a cognizable offence.
This ordinance makes any pronouncement of talaq by a muslim husband upon his wife, by words either spoken or written or in electronic form (as defined in Section 2(1)(r) of the Information Technology Act, 2000) or in any other manner as void and illegal. And any person committing such an offence shall be punished with imprisonment for a term which may extend to 3 years, and shall also be liable to fine. Any woman who is a victim here shall be entitled to receive from her husband such amount of subsistence allowance for her and her dependent children as may be determined by the magistrate (First Class Magistrate as under CrPC 1973 ).
Irrespective of all other prevailing laws, such a woman shall be entitled custody of her minor children when the husband pronounces talaq on her.
Talaq here is compoundable at the instance of such woman and without hearing her, no bail can be granted to the offender.
Although the ordinance of 2018 stands repealed but anything or any action taken under it shall be deemed to have been done under the provisions of the present ordinance.