Punishment in Triple talaq

Shivendra Pratap Singh

Advocate

High Court Lucknow

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The punishment for triple talaq in India is a jail term of up to 3 years and a fine. The Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized instant triple talaq, also makes the offense cognizable and non-bailable. This means that the police can arrest a person accused of triple talaq without a warrant, and the accused cannot be granted bail until the magistrate has heard the case.

The law also provides that the wife of the man who pronounces triple talaq is entitled to maintenance allowance from her husband for a period of 3 years from the date of divorce. The amount of maintenance allowance is to be decided by the magistrate.

The law also provides that the custody of minor children from the marriage will go to the mother. However, the father can apply to the magistrate for custody of the children, and the magistrate will decide the matter after hearing both parties.

The Muslim Women (Protection of Rights on Marriage) Act, 2019, is a landmark piece of legislation that has helped to protect the rights of Muslim women in India. The law has been hailed by women’s rights activists and legal experts, and it has been instrumental in deterring the practice of triple talaq.

However, the law has also been criticized by some Muslim clerics and organizations. These critics argue that the law is an infringement on the right to freedom of religion. They also argue that the law will lead to the breakdown of Muslim families.

Despite the criticism, the Muslim Women (Protection of Rights on Marriage) Act, 2019, is a significant step forward for gender equality in India. The law has sent a strong message that the Indian state will not tolerate the arbitrary and discriminatory treatment of women.