President Promulgates the Muslim Women (Protection Of Rights On Marriage) Ordinance, 2019

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The Ministry of Law and Justice (Legislative Department) issued a Notification on January 12 stating that President Ram Nath Kovind promulgated “The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019. This is an Ordinance that protects the rights of married Muslim women and prohibits divorce by pronouncing talaq by their husbands and for matters connected therewith or incidental thereto.

The Notification states as follows:

WHEREAS the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 was promulgated by the President on the 19th day of September, 2018;

AND WHEREAS the Muslim Women (Protection of Rights on Marriage) Bill, 2018 replacing the said Ordinance was passed by the House of the People on the 27th day of December, 2018 and is pending in the Council of States;

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;

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:—

This Ordinance may be called the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019. It shall extend to the whole of India except the State of Jammu and Kashmir. It shall be deemed to have come into force on the 19th day of September 2018.

Declaration of 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.

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.

Protection of Rights of Married Muslim Women:

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 ialaq 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.

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.

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 women 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.

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 is hereby repealed. Notwithstanding such repeal, anything done or any action taken under the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 shall be deemed to have been dope or taken under the provisions of this Ordinance.

To read the official Bill, please view the file attached herein.

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