Cabinet approval to ordinance on triple talaq, a desideratum

Zafar Bhat. Dated: 9/20/2018 11:09:25 AM

Zafar Bhat
Jammu, Sep 19
On Wednesday, the union cabinet has approved an ordinance to criminalize triple talaq, which is a welcome step for women who have been a victim of domestic violence and usually betrayed by the husband without giving sufficient cause and attention to the social stigma which wife faces after getting divorced.
Notably, the ordinance move comes after the Triple Talaq bill (‘Muslim Women Protection of Right on Marriage Bill) got blocked in the Rajya Sabha in the last monsoon session though the Lok Sabha had cleared it in December 2017.
However, according to the law of ordinance, the provision of this bill lays down that the offense will be cognizable only if the complaint is lodged by the victim wife or her close blood relatives. Also, the offense will be compoundable at the instance of the




wife on such terms and conditions as deemed fit by the Magistrate. The offence is also bailable, and Magistrate can grant bail, but only after hearing the wife.
Moreover, the ordinance provides for grand of custody of the minor child to the wife, and also maintenance suitably determined by the Magistrate.
According to the new amendments, the proposed law will remain "non-bailable", and the accused can approach a magistrate even before trial to seek bail. Pertinently, in august, the Supreme Court had declared the practice of ‘triple talaq’ to the unconstitutional, by 3:2 majority. Under a non-bailable law, bail cannot be granted by police at the police station itself. Another amendment makes it clear that the police would lodge FIR only if approached by the victim (wife), her blood relation or people who become her relatives by virtue of her marriage ..
The third amendment makes the offence of instant triple talaq "compoundable", where a magistrate can use his powers to settle the dispute between a husband and his wife. Under a compoundable offence, both parties have the liberty of withdrawing the case.

 

Face to Face

Face To Face With Atul Kumar Goel (IPS) DIG, Jammu-Samba-Kathua Range J&K... Read More
 

FACEBOOK

 

Twitter

 
 

Daily horoscope

 

Weather