March 31, 2020 In Criminal law, Divorce, Family law

Legal validity of triple talaq in India

Section 3 of The Muslim Women (Protection of Right on Marriage) Act, 2019 has declared talaq i.e. talaq-e-biddat or any other form of talaq having the effect of instantaneous and irrevocable divorce as void and illegal. In addition to declaring it as void and illegal, Section 4 of the Act has prescribed punishment by way of imprisonment upto three years and fine. Section 7 of the Act has made pronouncement of talaq having instantaneous and irrevocable effect, a cognizable and compoundable offence. In another words police can arrest person pronouncing talaq as defined under Section 2(c) without warrant.

Please note that this Act has come into effect from 19.09.2018