In the Thane district of Maharashtra, police have filed a case against a 31-year-old man for allegedly giving his wife 'triple talaq', or instant divorce, which has been banned since 2019. According to an official report on Friday, the incident took place in the Mumbra area.

The accused reportedly called his 25-year-old wife's father on Tuesday to announce that he was invalidating the marriage through 'triple talaq' because his wife had gone out alone for a walk, the official confirmed.

Police registered an FIR on Wednesday after a complaint filed by the woman. He has been booked under Section 351(4) of the Bharatiya Nyaya Sanhita (BNS) for criminal intimidation, besides provisions of the Muslim Women (Protection of Rights on Marriage) Act, which criminalizes the act of 'triple talaq'.

A detailed probe into the incident is underway, the police official added.

The Muslim Women (Protection of Rights on Marriage) Act, passed in 2019, makes instant divorce through 'triple talaq' a punishable offence, carrying imprisonment of up to three years.

The Muslim Women (Protection of Rights on Marriage) Act

The Talaq-e-Biddat Act or the Muslim Women (Protection of Rights on Marriage) Act illegalizes and declares void talaq-e-biddat, the practice of instant and irrevocable divorce, in India and safeguards Muslim women from unfair divorces.

According to the Act, declaring talaq is declared a cognizable offense, that is, the accused may be arrested without a warrant and will face imprisonment for up to three years along with a fine. A complaint for such an offense can be filed only by the woman or her family.

The woman at the discretion of the Magistrate will have to be heard before bail is granted. Compromise settlement may be provided by the court if the woman so requests and the Magistrate allows it. It also provides that women can seek economic support in the form of a subsistence allowance for themselves and their children and custody of minor children with the arrangements to be decided by the Magistrate.

Indeed, this Act is a further important step towards justice and security for Muslim women.