Free One Liner Notes · Muslim Women (Protection Of Rights On Marriage) Act, 2019 One Liner Notes
Muslim Women (Protection Of Rights On Marriage) Act, 2019 One Liner Notes
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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 | |
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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. |
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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. |
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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. |
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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. |
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