Loading…
The law that declares instant triple talaq void and illegal, and makes its pronouncement a punishable offence.
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is the central law that declares talaq-e-biddat — the pronouncement of instant, irrevocable triple talaq by a Muslim husband — to be void and illegal, and makes pronouncing it a criminal offence. It received the President's assent on 31 July 2019 and was given retrospective effect from 19 September 2018, the date on which the first ordinance on the subject was promulgated. The Act followed the Supreme Court's 2017 judgment in Shayara Bano v. Union of India, in which a five-judge Constitution Bench set aside talaq-e-biddat by a 3:2 majority. Beyond the penal provision, the Act creates entitlements for the wife — subsistence allowance and custody of minor children.
Type: LawDeclares talaq-e-biddat void and illegal — a pronouncement has no legal effect on the marriage
Makes pronouncement of instant triple talaq punishable with imprisonment of up to three years and a fine
The offence is cognizable only if the First Information Report is filed by the wife or by a person related to her by blood or marriage — not by a stranger
The offence is compoundable at the instance of the wife, with the permission of the Magistrate
Bail may be granted by the Magistrate only after hearing the wife
The wife is entitled to a subsistence allowance for herself and her dependent children, as determined by the Magistrate
The wife is entitled to custody of her minor children
Frequency: Frequently asked in UPSC Prelims and Mains GS-II (issues relating to women, laws for vulnerable sections) and in SSC and Banking General Awareness.
The Act is the legislative sequel to a constitutional challenge, and belongs to a longer line of judicial and legislative engagement with Muslim personal law in India.
In Shayara Bano v. Union of India, a five-judge Constitution Bench of the Supreme Court sets aside talaq-e-biddat by a 3:2 majority
An ordinance on the subject is promulgated; the Act is later given retrospective effect from this date
The Muslim Women (Protection of Rights on Marriage) Act, 2019 receives the President's assent
Islamic law recognises more than one form of divorce by the husband. In talaq-e-ahsan and talaq-e-hasan, the pronouncement is spread over a waiting period called iddat, during which it can be revoked and reconciliation attempted. Talaq-e-biddat is different: three pronouncements delivered at once, taking effect immediately and irrevocably, with no waiting period and no possibility of withdrawal. It was that instant and irrevocable character — leaving a wife with no notice, no opportunity for reconciliation and no process — that the Supreme Court found constitutionally untenable. The Act does not abolish divorce in Muslim personal law; it removes one particular mode of it.
The difference between a notice period with a chance to reconsider, and a door locked behind you in a single second.
The Act is a standing example in Indian polity of the interaction between fundamental rights and personal law. Its supporters argue that the instant form left women without security or process and that a criminal sanction was necessary because a mere declaration of invalidity would not deter the practice. Critics have questioned whether criminalising a civil matter is proportionate, and whether jailing a husband helps a wife who then loses her means of support — which is precisely why the Act pairs the offence with a subsistence allowance and custody rights. The safeguards built into the procedure are notable in themselves: restricting who may file the complaint, requiring the wife to be heard before bail, and allowing compounding at her instance all attempt to keep control of the proceeding with the woman it is meant to protect.
Assent 31 July 2019; retrospective from 19 September 2018
Talaq-e-biddat declared void and illegal
Punishment: up to three years' imprisonment and fine
FIR only by the wife or a blood or marital relative
Compoundable at the wife's instance with Magistrate's permission; bail only after hearing her
Wife entitled to subsistence allowance and custody of minor children
Follows Shayara Bano v. Union of India (2017), decided 3:2
Talaq-e-biddat is instant triple talaq — three pronouncements of divorce made at once, taking effect immediately and irrevocably, with no waiting period for reconciliation. The 2019 Act declares it void and illegal.
Shayara Bano v. Union of India (2017), in which a five-judge Constitution Bench set aside talaq-e-biddat by a 3:2 majority.
No. The offence is cognizable only if the FIR is filed by the wife or by a person related to her by blood or marriage. A stranger cannot set the criminal law in motion.
Imprisonment of up to three years and a fine. The offence is compoundable at the wife's instance with the Magistrate's permission, and bail may be granted only after hearing the wife.
No. It removes only the instant, irrevocable form. Revocable forms such as talaq-e-ahsan and talaq-e-hasan, which are spread over the iddat period, remain unaffected.