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RNI No. MAHBIL /2012/46128

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ORDINANCE No. 7 OF 2018.—The Muslim Women (Protection of Rights on Marriage)

Ordinance, 2018.

LAW AND JUDICIARY DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,

Mumbai 400 032, dated the 3rd October 2018.

No. 92/Reprint/O/B.—The following Ordinance promulgated by the President is hereby republished for

general information :—

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MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 19th September 2018/Bhadra 28, 1940 (Saka)

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2018

(No. 7 OF 2018)

Promulgated by the President in the Sixty-ninth year of the Republic of India.

An Ordiance to protect the right of married Muslim women and to prohibit divorce by

pronouncing talaq by their husband and for matters Connected therewith or incidential thereto.

WHEREAS the Muslim Women (protection of Right on Marriage ) Bill, 2017 has been passed by the

House of the People and is pending in the Council of states;

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 2016] and other connected matters

that the practice of triple talaq (talaq-e-biddat) 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

1.

Short title, extent and commencement.—(1) This Ordinance may be called the Muslim Women

(Protection of Rights on Marriage) Ordinance, 2018.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force at once.

2.

Definitions.—In 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

section 2 of the Information Technology Act, 2000 (21 of 2000);

(b) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous

and irrevocable divorce pronounced by a Muslim husband; and

(c) ‘‘Magistrate” means a Judicial Magistrate of the First Class exercising jurisdiction under the Code

of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3.

Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife,

by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and

illegal.

4.

Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq 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.

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3

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5.

Subsistence allowance.—Without prejudice to the generality of the provisions contained in any

other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be

entitled to receive from her husband such amount of subsistence allowance for her and dependent children

as may be determined by the Magistrate.

6.

Custody of Minor children.—Notwithstanding anything contained in any other law for the time

being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of

pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

7.

Offence to be Cognizable Compoundable etc.—Notwithstanding anything contained in the Code

of Criminal Procedure, 1973,—

(a) an offence punishable under this Ordinance shall be cognizable, if information relating to the

commission of the offence is given to an officer in charge of a police station by the married Muslim

woman upon whom talaq is pronounced or any person related to her by 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 released on bail

unless the Magistrate, on an application filed by 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.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary to Government,

Law and Judiciary Department.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT

GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY

AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.