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Home / Latest News / Instant Triple Talaq being made a Criminal Offence: 3 years Jail for Husband in Govt’s Draft Law

Instant Triple Talaq being made a Criminal Offence: 3 years Jail for Husband in Govt’s Draft Law

December 1, 2017

The offence will be cognizable and non-bailable as per Draft Law in pipeline.


The govt. will be bringing a bill in the winter session of Parliament that’ll criminalize instant triple talaq, or talaq-e-biddat. It would also accord rights of maintenance & child’s custody to the ‘victim’ of such a divorce, as per a top source in the Law Ministry.

A husband attempting to divorce his wife through instant triple talaq whether spoken, written or communicated through electronic means like messages & emails – can be handed out 3 years’ imprisonment & a fine, the new proposed law states.

Talaq-e-biddat is a custom under Muslim personal law that allows a man to divorce his wife by uttering the word “talaq” three times.

Though a 5-Judge bench of the Apex Court struck down this practice as illegal & unconstitutional in a 3:2 judgement on 22nd August, its practice has continued.

As the law stands today, a victim of ‘talaq-e-biddat’ or instant triple talaq would’ve no option but to approach police for redressal of her grievance, since Muslim clergy would be of no assistance to her at all. But even the Police are helpless, since no action can be taken against the husband in the absence of any punitive provisions in the law.

Despite advisories being issued to the Muslim community against this archaic practice, there seemed to be no decline in the cases of divorce by ‘talaq-e-biddat’, the functionary claimed.

In a recent case of ‘talaq-e-biddat’, Aligarh Muslim University (AMU) professor divorced his wife through WhatsApp & SMS.

Read Laws @ Latest Laws – 

  • Muslim Personal Law (Shariat) Application Act,1937
  • Muslim Women (Protection of Rights on Divorce) Act,1986

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21.11.2017 – Modi Govt to bring Law to ban instant Triple Talaq this Winter Session itself

22.8.2017 – SC strikes down Triple Talaq being unconstitutional, paves way for Uniform Civil Code, Read Text

21.8.2017 – Will Triple Talaq verdict tomorrow, be parting shot of CJI Khehar

21.8.2017 – Unbelievable: Saudi Man Divorces Wife just for walking ahead of him

22.5.2017 – AIMPLB tries to impress SC in Triple Talaq Case: Says will issue advisory against uttering Talaq in one go

17.5.2017 – Do you agree with AIMPLB’s plea before SC that Triple Talaq is valid just because it is a 1,400 Years old practice?

12.5.2017 – Supreme Court: Triple Talaq amongst Muslims is worst form of Marriage Dissolution

11.5.2017 – Supreme Court’s Triple Talaq Bench coincidentally consists of 5 Judges of 5 different Religious faiths

31.3.2017 – Supreme Court now refers Triple Talaq case to a larger 5-Judge Constitution Bench

16.3.2017 – Union Law Ministry decides to start its own Law TV Channel to highlight issues such as Triple Talaq & Uniform Civil Code

15.2.2017 – Supreme Court: We would deal with only Legal aspect of Triple Talaq among Muslims

8.12.2016 – High Court: Triple Talaq is unconstitutional, Constitution is supreme and above all Personal Laws, Read Order

24.10.2016 – Muslim thinkers although reject Triple Talaq but wary of the Modi Govt. move

31.3.2016 – Govt’s stand before SC: Oral Triple Talaq renders Muslim women extremely vulnerable & insecure

29.3.2016 – Trashing strong opposition by Muslim Bodies, SC decides to examine triple Talaq’s legality

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