Triple Talaq Ban in India – Muslim Women (Protection of Rights on Marriage) Act, 2019 Explained



For decades, instant triple talaq (talaq-e-biddat) allowed Muslim husbands to unilaterally dissolve marriage by saying “talaq” three times. This practice often left Muslim women vulnerable, without financial security or dignity.

The Supreme Court’s judgment in Shayara Bano v. Union of India (2017) declared triple talaq unconstitutional, paving the way for the Muslim Women (Protection of Rights on Marriage) Act, 2019.

At Leges Juris Associates, a trusted divorce law firm in India, we help Muslim women and families understand their rights under this landmark law.

What is Triple Talaq?

  • Talaq-e-biddat (instant triple talaq): Husband pronounces “talaq” thrice in one sitting (oral, written, or electronic).
  • Effective immediately in traditional practice.
  • Criticized for being arbitrary, discriminatory, and unconstitutional.

Supreme Court Judgment – Shayara Bano v. Union of India (2017)

  • Petitioner: Shayara Bano, divorced via instant triple talaq.
  • Bench: 5-judge Constitution Bench.
  • Verdict: By 3:2 majority, the practice of instant triple talaq was struck down as void, illegal, and unconstitutional.
  • Reasoning:
    • Violates Article 14 (Equality) and Article 21 (Right to Life & Dignity).
    • Not an essential religious practice.

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

Key Provisions

  1. Instant Triple Talaq void: Pronouncement has no legal effect.
  2. Criminal Offense: Husband pronouncing triple talaq is punishable with up to 3 years imprisonment.
  3. Cognizable & Non-bailable offense: FIR can be lodged by wife or her relatives.
  4. Maintenance: Wife entitled to subsistence allowance for herself and children.
  5. Custody of Children: Wife can seek custody under the Act.
  6. Bail: Court may grant bail only after hearing wife.

Landmark Cases Post-2019

1. Rashid v. State of U.P. (Allahabad HC, 2020)

  • Court upheld registration of FIR against husband for pronouncing triple talaq.
  • Reinforced that the 2019 Act has retrospective application to protect women.

2. State of Kerala v. Aboobacker (Kerala HC, 2021)

  • Bail application rejected as court emphasized that law intends to deter arbitrary divorce and protect women’s rights.

3. Afsana v. State of Maharashtra (2022)

  • Family court directed husband to pay maintenance under the 2019 Act despite his claim that talaq was “valid” under Shariat.

Social & Legal Impact of the Ban

  • Women Empowerment: Prevents arbitrary abandonment.
  • Legal Certainty: Divorce now requires due process (khula, mubarat, or judicial divorce).
  • Deterrent Effect: Criminal punishment discourages misuse.
  • Criticism: Some argue criminalizing talaq affects family harmony.

Comparison – Before vs After 2019

Aspect

Before 2017

After 2019 Act

Talaq-e-biddat validity

Recognized by personal law

Declared void

Women’s remedy

No recourse except maintenance

Right to maintenance + custody

Punishment for husband

None

Imprisonment up to 3 years

Enforcement

Informal pronouncement

Legal proceedings mandatory

The triple talaq ban and enactment of the 2019 Act mark a historic moment in protecting Muslim women’s rights in India. By declaring instant talaq void and criminalizing it, the law ensures dignity, equality, and security in marriage.

How Leges Juris Associates Can Help You

At Leges Juris Associates, we assist clients in navigating cases under the Muslim Women (Protection of Rights on Marriage) Act, 2019:

  • Filing FIRs: Helping women file complaints against illegal triple talaq.
  • Maintenance & Custody: Ensuring financial support and securing custody rights.
  • Bail & Defense: Assisting husbands wrongly accused under the Act with legal defense.
  • Alternative Divorce Remedies: Guiding couples toward valid forms of divorce like khula, mubarat, or judicial divorce.
  • Court Representation: Strong advocacy in Family Courts, High Courts, and Supreme Court.

As an expert divorce law firm in India, Leges Juris Associates stands for justice, dignity, and equal rights for Muslim women.

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