The Union Cabinet on 15 December 2017 cleared the triple talaq Bill that makes giving instant talaq a punishable offence.
The bill, which gives women the right to seek maintenance in case of triple talaq, is likely to be tabled in Parliament during the Winter Session that began.
The draft law provides for three years in prison and a fine for a Muslim man wanting to divorce his wife by uttering “talaq” three times in one go.
As per the draft, tripe talaq or talaq-e-biddat will be a “cognisable and non-bailable” offence punishable with three years imprisonment and the wife will be entitled to maintenance and the custody of children if they are minor.
The Supreme Court had on August 22 struck down triple talaq, calling the practice unconstitutional and in violation of Article 14 of the Constitution, which provides for equality before the law.
The proposed law would only be applicable on instant triple talaq or talaq-e-biddat and it would give power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children.
The woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.
Under the draft law, triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and WhatsApp — would be bad or illegal and void.
The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection.