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Chattisgarh Gazette - Extraordinary · Government of Chattisgarh

भारत सरकार,विधि और न्याय मंत्रालय,विधायी विभाग के पत्र क्रमांक2(13)/18-Leg.I/नई दिल्ली, दिनांक 20-09-2018 के अनुसरण में दी मुस्लिम वुमेन(प्रोटेक्शन आॅफ राईट्स आॅन मेरीज) आॅर्डिनेंस, 2018(क्रमांक 7 सन् 2018) प्रकाशन संबंधी

Published 05 October 2018

Department
विधि और विधायी कार्य विभाग
Type
Extraordinary
Gazette no.
401
Notification no.
9858/डी.179/21-अ/ प्रा./छ.ग./18
Identifier
in.gazette.chhattisgarh.eo.2018-10-05.401
Languages
English, Hindi

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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 8

AND 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 8

event 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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Cite this issue. Chattisgarh Gazette - Extraordinary, Government of Chattisgarh, 05 October 2018. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.chhattisgarh.eo.2018-10-05.401/. Archive identifier in.gazette.chhattisgarh.eo.2018-10-05.401.