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The Muslim Women (Protection of Rights on Marriage) Act, 2019

Year of Passage: 2019 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Muslim Women(Protection of Rights on Marriage) Act, 2019. (2) It shall extend to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 19th day of September, 2018.

Section 2 Definitions.

In this Act, unless the context otherwise requires,-- (a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1)of section 2 of the Information Technology Act, 2000 (21 of 2000); (b) "Magistrate" means a Judicial Magistrate of the first class exercising jurisdiction under theCode of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides; and(c) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect ofinstantaneous and irrevocable divorce pronounced by a Muslim husband.

Section 3 Talaq to be void and illegal.

Any pronouncement of talaq by a Muslim husband upon his wife, by words,either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

Section 4 Punishment for pronouncing talaq.

Any Muslim husband who pronounces talaq referred to insection 3 upon his wife shall be punished with imprisonment for a term which may extend to three years,and shall also be liable to fine

Section 5 Subsistence allowance.

Without prejudice to the generality of the provisions contained in anyother law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall beentitled to receive from her husband such amount of subsistence allowance, for her and dependentchildren, as may be determined by the Magistrate.
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