After the Supreme Court declared the practice of triple talaq or pronouncing talaq inboxed a single sitting as void, the Parliament passed the Muslim Women (Protection of Rights on Marriage)Act or the Triple Talaq Act. Under the provisions of this Act, triple talaq is void and illegal and the marriage subsists even after its pronouncement. If a husband pronounces irrevocable triple talaq or talaq in a single sitting, he will be punished with a term upto 3 years and fine. The wife is entitled to get maintenance for herself and her children. The offence is cognizable and non-bailable, hence, the police has a right to Arrest and investigate even if the wife does not make a complaint.
The Act in its present form is open to great misuse. Firstly, Muslim marriage is a civil contract, and a breach of it cannot amount to a criminal offence. Again, if a husband is imprisoned for pronouncing triple talaq, then it closes all doors of reconciliation between the couple and the marriage would subsequently end. Thirdly, in families where the husband is the sole breadwinner, imprisonment would lead to the wife and children without any source of income as he cannot earn and provide for them. Fourthly, there are chances that any person with malafide intent can complain against the husband and land him in prison and thereby break a family.
The Act does not give Muslim women any new rights. Section 125 of the Code of Criminal Procedure, 1973, already has provisions for the maintenance of wife and children. The Act is subject to grave misuse and does not protect the interests of Muslim women, rather, it can add to her woes.
The Act in its present form is open to great misuse. Firstly, Muslim marriage is a civil contract, and a breach of it cannot amount to a criminal offence. Again, if a husband is imprisoned for pronouncing triple talaq, then it closes all doors of reconciliation between the couple and the marriage would subsequently end. Thirdly, in families where the husband is the sole breadwinner, imprisonment would lead to the wife and children without any source of income as he cannot earn and provide for them. Fourthly, there are chances that any person with malafide intent can complain against the husband and land him in prison and thereby break a family.
The Act does not give Muslim women any new rights. Section 125 of the Code of Criminal Procedure, 1973, already has provisions for the maintenance of wife and children. The Act is subject to grave misuse and does not protect the interests of Muslim women, rather, it can add to her woes.
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