The Muslim Women (Protection of Rights on Marriage) Act, 2019 (MWM Act) — Bare Act, All Sections & Free PDF
मुस्लिम महिलाएँ (विवाह पर अधिकारों का संरक्षण) अधिनियम, 2019
Overview
Enacted in 2019, the Muslim Women (Protection of Rights on Marriage) Act criminalizes the practice of instant triple talaq in India. Applicable nationwide, this crucial legislation voids such divorces, protecting Muslim women's marital rights. It prescribes strict penalties for offenders, ensuring gender justice, legal equality, and safeguarding married women from arbitrary and abrupt marital separation without any due legal process.
2019 में लागू, मुस्लिम महिलाएँ (विवाह पर अधिकारों का संरक्षण) अधिनियम भारत में तत्काल तीन तलाक प्रथा को अपराध बनाता है। देशव्यापी लागू यह कानून ऐसे तलाक को शून्य करता है, जिससे मुस्लिम महिलाओं के अधिकारों की रक्षा होती है। यह अपराधियों के लिए कठोर दंड निर्धारित करता है, जिससे लिंग न्याय, कानूनी समानता और महिला सुरक्षा सुनिश्चित करता है।
What is MWM Act
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is a landmark Indian legislation that criminalizes the practice of instant triple talaq among Muslims. Officially enforced on July 31, 2019, this Act did not replace an existing statute but formalized the Supreme Court's 2017 verdict declaring triple talaq unconstitutional.
Its primary objective is to protect the rights of married Muslim women and prevent divorce through pronouncing "talaq" three times in any form, including spoken, written, or electronic. The Act explicitly declares any such pronouncement void and illegal, holding the husband criminally liable. It prescribes a maximum imprisonment of three years and a fine for the offending husband.
Furthermore, it empowers the victimized wife to seek subsistence allowance for herself and dependent children, along with custody of minor children. By criminalizing an arbitrary and instantaneous divorce practice, the Act ensures gender justice, legal equality, and protects vulnerable women nationwide today.
Explanation
The Muslim Women (Protection of Rights on Marriage) Act, 2019 provides a concise but stringent legal framework comprising exactly seven sections. Its scope specifically targets the practice of talaq-ul-biddat, commonly known as instant triple talaq, among Muslims in India. Key provisions explicitly state that any pronouncement of talaq by a Muslim husband upon his wife, in spoken, written, or electronic form, is void and illegal.
The Act imposes strict penalties, making the offense cognizable and non-bailable, with imprisonment extending up to three years. A notable structural feature is the grant of bail only after the magistrate hears the victimized wife. Regarding structural changes, the Act transformed a previously civil matter into a criminal offense, shifting the traditional legal paradigm significantly. Companion laws, particularly the Muslim Personal Law (Shariat) Application Act, 1937, and the
Dissolution of Muslim Marriages Act, 1939, intersect with this legislation by continuing to strictly govern other aspects of Muslim personal law, such as inheritance and alternative divorce mechanisms. Within the Indian justice system, this Act plays a profoundly protective role. By criminalizing arbitrary divorces, it deters husbands from unilateral, instantaneous separations, ensures statutory subsistence allowances for women, and upholds fundamental constitutional rights to equality, life, and dignity.
All Sections
Section 1 to Section 8 (8 Sections)
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.
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.
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.
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.
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.
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.
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 or any person related to her by blood or marriage; is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;
(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 or any person related to her by blood or marriage; is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.
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.
Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.