Cabinet OKs bill making 'instant divorce' illegal

Cabinet OKs bill making 'instant divorce' illegal

The Union cabinet has cleared a Bill to ban the practice of instant triple talaq among Muslims.

The apex court by a majority verdict in August had ruled that triple talaq is "void", "illegal" and "unconstitutional".

The drafted bill proposes three-year of jail term for men practising the instant "triple talaq" along with making it a cognizable offense and a non-bailable offense.

The Bill has been drafted by a Group of Ministers comprising Rajnath Singh, Sushma Swaraj, Arun Jaitley and Ravishankar Prasad in keeping with the minority judgement given by a five-judge Bench of the Supreme Court earlier this year.

Under this new law, triple talaq in any form - spoken, in writing or by electronic means such as email, SMS or WhatsApp - would be banned.

The BJP-led NDA government hopes to get parliament clearance for the bill during the winter session which began on Thursday.


The Bill will make instant triple talaq a cognizable offence.

The said woman can pursue to have the custody of her minor children and the magistrate would have the final word on the matter.

In November, the Narendra Modi government said it was ready with a bill that would provide a legal framework to prosecute Muslim men calling off marriages using a custom outlawed by the Supreme Court.

Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.

However, Chief Justice Khehar and Justice Nazeer disagreed with Justices Nariman, Lalit and Joseph and ruled that "triple talaq" can not be struck down on the ground of being violative of Article 14, since there is no state action.

While giving a statement, a law ministry official said, "Before the judgment this year, there were 177 reported cases of Talaq-e-biddat".

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