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

English — official source version

A2019-20.pdf.txt

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

2019 

(ACT NO. 20 OF 2019) 

[As on the 1st July,2026] 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 

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ARRANGEMENT OF SECTIONS 

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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. 

  



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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; 

*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of  

Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).  



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(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. 

  



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STATEMENT OF OBJECTS AND REASONS 

 The Supreme Court in the matter of Shayara Bano Vs. Union of India and others and other connected 

matters, on 22nd August, 2017, in a majority judgement of 3:2, set aside the practice of talaq-e-biddat 

(three pronouncements of talaq, at one and the same time) practiced by certain Muslim husbands to 

divorce their wives. This judgement gave a boost to liberate Indian Muslim women from the age-old 

practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for 

reconciliation.  

2.The petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said 

practice is discriminatory and against dignity of women. The judgement vindicated the position taken by 

the Government that talaq-e-biddat is against constitutional morality, dignity of women and the principles 

of gender equality, as also against gender equity guaranteed under the Constitution. The All India Muslim 

Personal Law Board (AIMPLB), which was the 7th respondent in the above case, in their affidavit, inter 

alia, contended that it was not for the judiciary to decide matters of religious practices such as             

talaq-e-biddat, but for the legislature to make any law on the same. They had also submitted in the 

Supreme Court that they would issue advisories to the members of the community against this practice. 

 3. In spite of the Supreme Court setting aside talaq-e-biddat, and the assurance of AIMPLB, there 

have been reports of divorce by way of talaq-e-biddat from different parts of the country. It is seen that 

setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the 

number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for 

State action to give effect to the order of the Supreme Court and to redress the grievances of victims of 

illegal divorce.  

4. In order to prevent the continued harassment being meted out to the hapless married Muslim women 

due to talaq-e-biddat, urgent suitable legislation is necessary to give some relief to them. The Bill 

proposes to declare pronouncement of talaq-e-biddat by Muslim husbands void and illegal in view of the 

Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable 

offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in 

severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance 

from the husband for the livelihood and daily supporting needs of the wife, in the event of husband 

pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to 

custody of minor children.  

5. The legislation would help in ensuring the larger Constitutional goals of gender justice and gender 

equality of married Muslim women and help subserve their fundamental rights of non-discrimination and 

empowerment.  

6. The Bill seeks to achieve the above objects.  

 

 

RAVI SHANKAR PRASAD. 

         NEW DELHI; 

The 15th December, 2017.