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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 19th September, 201S/Bhadra 28, 1940 (Saka)
THE MUSLTM WOMEN (PROTECTION OF RICHTS ON MARRIAGE) ORDINANCE,2OIS
No. 7 or 2018
Promulgated by the President in the Sixty-ninth Year of the Republic of
India.
An Ordinance to protect the rights ofmarried Muslim woman and to prohibit divorce by pronouncing talaq by their husbands and for matters connected therewith or incidental thereto:
WHEREAS the Muslim Women (Protection of Rights on Mariage) Bill,2017 has been passed by the House of the People and is pending in the Council of States;
801
802 effiqrd {rqu.e, frqis s srqot 2ol 8AND WHEREAS inspite of the fact that the Supreme
Court has held in the matter of Shayara Bano Versus
Union of India and others [Writ Petition (Civil) No" 118
of 20i 6]'and other connected matters that the practice of
triple talaq (talaq-e-biddar) as unconstitutional, the said
practice is still continuing unabated;
AND WHEREAS Parliament is not in session and
the President is satisfied that circumstances exist which
render it necessary for him to take'.immediate action to
give effect to the provisions of the said Bill with certain
modifications;
NOW, THEREFORE, in exercise of the powers
conferred by clause (1) of article 123 of the Constitution,
the President is pleased to promulgate the following
Ordinance:-
CHAPTER I
PRELIMINARY
Short title, extent and 1. (/) This Ordinance may be called the Muslim
commencement.
Women (Protection of Rights on Marriage) Ordinance,
2018.
(2) It shall extend to the whole of lndia except the State
of Jammu and Kashmir.
(3) It shall come into force at once.
Definitions.
2. ln this Ordinance, 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
2l of2000.
section 2 of the Information Technology Act, 2000;
(b) "talaq" means talaq-e-biddaf or any other
similar form of ralaq having the effect of instantaneous
802(l)
edeqc {srd, frqifi s srq-{r 2or 8
and irrevocable divorce pronounced by a Muslim
husband; and
(c) "Magistrate" means a Judicial Magistrate of
ttre First Class exercising jurisdiction under the Code
of Criminal Procedure, 1973, rn the area where the
2 of l9'14
married Muslim woman resides.
CHAPTER II
DECLARATION OF TALAQTO BE VOID AND
ILLEGAL ,
Talaqtobevoid and 3. Any pronouncement of talaq by a Muslim husband
illegal.
upon his wife, by words, either spoken or written or in
electronic form or in any other manner whatsoever, shall
be void and illegal.
Punishment for 4. Any Muslim husband who pronovnces talaq
pronouncing lalag.
referred to in section 3 upon his wife shall be punished
with imprisonment for a term which may extend to three
years, and shall also be liable to fine.
CHAPTER III
PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
5. Without prejudice to the generaiity of the Subsistence allowance.
provisions contained in any other law for the time being in
force, a married Muslim woman upon whom talaq is
pronounced shall be entitied to receive from her husband
such amount of subsistence allowance for her and dependent children as may be determined by the
Magistrate.
mlnor 6. Notwithstanding anything contained in any other Custodv of
children'
law for the time being in force, a married Muslim woman
shall be entitled to custody of her minor children in the
802 (2) udarE {rqrd, frii6 s srq-qt 2ot 8event of pronouncemerfi of talaq by her husband, in such
manner as may be determined by the Magistrate.
Offence to be
7. Notwithstanding anything contained in the Code of
cognizable,
2 of 1974 Criminal Procedure, 197 3,-
compoundable, etc.
(a) an offence punishable underthis Ordinance shall be
cognizable, if information lelating to the commission
ofthe offence is givento an officer in-charge of apolice
station by the married Muslim woman upon whom *rlJ;in related to her by
talaq ispronounced ",
blood or marriage;
(b) an offence punishable under this Ordinance 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 Ordinance shall be releaqg$r.on bail unless the
Magistrate, on an application filed trt 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.
RAMNAIHKOVIND, President.
DR. G. NARAYANA RAJU, Secretary to t.he Govt. of India.
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