The Muslim Women (Protection of Rights on Marriage) Act, 2019
# THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
 __________

 ARRANGEMENT OF SECTIONS
 _____________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. _Talaq to be void and illegal._

4. Punishment for pronouncing talaq.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5. Subsistence allowance.

6. Custody of minor children.

7. Offence to be cognizable, compoundable, etc.

8. Repeal and savings.

1


-----

# THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
 ACT NO. 20 OF 2019

[31st July, 2019.]

# An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by
 their husbands and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**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.

**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 the

Code 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 of_

instantaneous and irrevocable divorce pronounced by a Muslim husband.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

**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.

**4. Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in**

section 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.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

**5. Subsistence allowance.—Without prejudice to the generality of the provisions contained in any**

other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be
entitled to receive from her husband such amount of subsistence allowance, for her and dependent
children, as may be determined by the Magistrate.

**6. Custody of minor children.—Notwithstanding anything contained in any other law for the time**

being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of
pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

**7. Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code**

of Criminal Procedure, 1973 (2 of 1974),—

(a) an offence punishable under this Act shall be cognizable, if information relating to the

commission of the offence is given to an officer in charge of a police station by the married Muslim
woman upon whom talaq is pronounced or any person related to her by blood or marriage;

(b) an offence punishable under this Act shall be compoundable, at the instance of the married

Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms
and conditions as he may determine;

*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu

and Kashmir and the Union territory of Ladakh.

2


-----

(c) no person accused of an offence punishable under this Act shall be released on bail unless the

Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon
whom _talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such_
person.

**8. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second**

Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women

(Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have
been done or taken under the provisions of this Act.

3


-----

