On Thursday, the Union Cabinet passed the provision of granting bail to the man accused of giving instant triple talaq to his wife, reported FirstPost.
According to NDTV, the wife and her blood relatives can lodge FIR against the husband. ANI reported, the offence remains non-bailable but the magistrate hearing the case can grant bail to the husband.
The Cabinet decided that instant triple talaq will remain a criminal offence with a jail term of three years for the husband.
The proposed provision will be applicable in cases of instant triple talaq or ‘talaq-e-biddat’ where the victim can approach a magistrate demanding “subsistence allowance” for herself and the minor children. The wife can also seek legal custody of their children where the magistrate will decide on the matter.
Law Minister Ravi Shankar Prasad addressed the media and said, “The Cabinet has approved the amendments in the law relating to triple talaq. We have proposed three changes. If a husband gives instant triple talaq to his wife, an FIR against him will only become cognizable when it is filed by the victim or anyone having blood relation or relation by marriage.”
Prasad added, “The law has been made compoundable, that is, if the wife and the husband agree to settle their differences, then the magistrate can compound the offence on appropriate terms and conditions. The magistrate can grant the bail to the accused after hearing the wife.”
The ‘Muslim Women Protection of Rights on Marriage Bill’ was cleared in the Lok Sabha last year and is pending in the Upper House.
The Opposition parties demanded the bail provision.
Triple talaq allows the husband to divorce his wife if he says or writes(paper, electronic media via text) the word ‘talaq’ three times in succession to his wife.