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Ordinance To Make Triple Talaq A Crime
By: Tupaki Desk | 19 Sep 2018 1:07 PM GMT
NDA Government on Wednesday approved an ordinance making Triple Talaq a punishable offence. This move gained prominence after Centre failed to pass the bill on Triple Talaq both in Lok Sabha and Rajya Sabha.
Provisions of the Ordinance are no different from The Muslim Women Protection of Rights in Marriage Act moved in Lok Sabha in December 2017. Although the Ordinance was cleared by the Union Cabinet, The Bill has to be passed in the Parliament as Supreme Court in it's 2017 verdict told re-promulgation of ordinances is a fraud on the constitution.
Law Minister Ravi Shankar Prasad explained, 'Offence will be cognizable only if the FIR is filed based on the complaint by Victim Wife or her Blood Relations. A compromise can be reached only if the wife seeks it as per appropriate terms and conditions determined by the Magistrate. Conditional Bail can be granted to the Accused in such cases by the Magistrate only after hearing the Victim Wife's version. Victim Wife would be granted the custody of minor children and entitled for maintenance determined by the Magistrate'.
Provisions of the Ordinance are no different from The Muslim Women Protection of Rights in Marriage Act moved in Lok Sabha in December 2017. Although the Ordinance was cleared by the Union Cabinet, The Bill has to be passed in the Parliament as Supreme Court in it's 2017 verdict told re-promulgation of ordinances is a fraud on the constitution.
Law Minister Ravi Shankar Prasad explained, 'Offence will be cognizable only if the FIR is filed based on the complaint by Victim Wife or her Blood Relations. A compromise can be reached only if the wife seeks it as per appropriate terms and conditions determined by the Magistrate. Conditional Bail can be granted to the Accused in such cases by the Magistrate only after hearing the Victim Wife's version. Victim Wife would be granted the custody of minor children and entitled for maintenance determined by the Magistrate'.
