THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

PREAMBLE

What is the Act number of the Muslim Women (Protection of Rights on Marriage) Act, 2019?

Act No. 20 of 2019.

When was the Muslim Women (Protection of Rights on Marriage) Act, 2019 enacted?

31st July, 2019.

What is the purpose of the Muslim Women (Protection of Rights on Marriage) Act, 2019?

To protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands.

To whom does the Muslim Women (Protection of Rights on Marriage) Act, 2019 apply?

Married Muslim women.

What additional matters does the Muslim Women (Protection of Rights on Marriage) Act, 2019 provide for?

Matters connected therewith or incidental thereto.

In which year of the Republic of India was the Muslim Women (Protection of Rights on Marriage) Act, 2019 enacted?

The Seventieth Year of the Republic of India.

CHAPTER I

PRELIMINARY

What is the subject matter of Section 1?

Short title, extent and commencement.

What is the short title of the Act under Section 1?

The Muslim Women (Protection of Rights on Marriage) Act, 2019.

To what extent does the Muslim Women (Protection of Rights on Marriage) Act, 2019 extend?

It extends to the whole of India except the State of Jammu and Kashmir.

When did the Muslim Women (Protection of Rights on Marriage) Act, 2019 come into force?

It is deemed to have come into force on the 19th day of September, 2018.

What is the subject matter of Section 2?

Definitions.

What does "electronic form" mean under Section 2(a)?

It has the same meaning as assigned to it in section 2(1)(r) of the Information Technology Act, 2000.

Who is a "Magistrate" under Section 2(b)?

A Judicial Magistrate of the First Class exercising jurisdiction under the Bharatiya Nagarik Suraksha Sanhita in the area where the married Muslim woman resides.

What does "talaq" mean under Section 2(c)?

Talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

What is the subject matter of Section 3?

Talaq to be void and illegal.

Who can pronounce talaq under Section 3?

A Muslim husband.

Upon whom is talaq pronounced under Section 3?

His wife.

In what forms can talaq be pronounced under Section 3?

By words spoken, written, in electronic form, or in any other manner whatsoever.

What is the legal effect of pronouncing talaq under Section 3?

It is void and illegal.

What is the subject matter of Section 4?

Punishment for pronouncing talaq.

Who is punishable under Section 4?

A Muslim husband who pronounces talaq referred to in Section 3 upon his wife.

What is the maximum term of imprisonment under Section 4?

Three years.

Is fine also imposable under Section 4?

Yes, the husband is also liable to fine.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

What is the subject matter of Section 5?

Subsistence allowance.

Who is entitled to subsistence allowance under Section 5?

A married Muslim woman upon whom talaq is pronounced.

Who is liable to pay subsistence allowance under Section 5?

Her husband.

For whose benefit may subsistence allowance be granted under Section 5?

The married Muslim woman and her dependent children.

Who determines the amount of subsistence allowance under Section 5?

The Magistrate.

What is the subject matter of Section 6?

Custody of minor children.

Who is entitled to custody of minor children under Section 6?

A married Muslim woman.

When does the right to custody under Section 6 arise?

On the pronouncement of talaq by her husband.

Who determines the manner of custody under Section 6?

The Magistrate.

What is the subject matter of Section 7?

Offence to be cognizable, compoundable, etc.

What is the effect of the non-obstante clause in Section 7?

Section 7 applies notwithstanding anything contained in the BNSS.

When is an offence under this Act cognizable?

When information is given to the officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or by a person related to her by blood or marriage.

Who may give information for a cognizable offence under Section 7(a)?

The married Muslim woman upon whom talaq is pronounced or a person related to her by blood or marriage.

Is an offence under this Act compoundable?

Yes, with the permission of the Magistrate at the instance of the married Muslim woman upon whom talaq is pronounced.

Who may initiate compounding of an offence under Section 7(b)?

The married Muslim woman upon whom talaq is pronounced.

Who determines the terms and conditions of compounding under Section 7(b)?

The Magistrate.

What is the condition for granting bail under Section 7(c)?

The Magistrate must hear the married Muslim woman upon whom talaq is pronounced and be satisfied that there are reasonable grounds for granting bail.

Who must apply for bail under Section 7(c)?

The accused.

Can the accused be released on bail without hearing the married Muslim woman?

No.

What is the subject matter of Section 8?

Repeal and savings.

Which Ordinance is repealed under Section 8(1)?

The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ordinance 4 of 2019).

What is the effect of the saving clause under Section 8(2)?

Anything done or any action taken under the repealed Ordinance is deemed to have been done or taken under this Act.