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

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

December 1, 2017


Supreme Court of India on Tuesday has declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit, and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented. Separate Judgments were delivered by Chief Justice Khehar, Justices Kurian Joseph, and RF Nariman...


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 newly 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 judgment 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 from WhatsApp & SMS.

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