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Now triple talaq is Punishable criminal offence. The central law came into effect with the union ministry of law and justice notifying it after the presidential agreement. From arrest to bail and custody of the child the court is directed to listen to the Muslim women who suffer the talaq.
If the court grants bail to the accused than the Muslim women has all the rights to challenge the order of the court as it is the cognizable offence carrying imprisonment till up to three years arrest for the man who asked for talaq. Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act,2019 says that the magistrate should hear the Muslim Woman upon whom talaq is pronounced the judge should grant bail if he is satisfied that there are reasonable proofs for the talaq.
In every provision of the Indian Penal Court, the justice should hear the accused but in Muslim talaq, it is mandatory to hear the Muslim wife. Talaq offence is compoundable which states that wife has powers under the law to drop her charges and let her husband leave her on her basis. The act says that it leaves the final decision on the judge who lays down the grounds and conditions.
Muslim women have the right to take custody of her minor child. She is entitled to have the subsistence allowance of her dependant and minor children. The Muslim women who suffer talaq have the right to have the magistrate near her locality where she lives.
The court said that anticipatory bail under section 438 of Cr.P.C (grant bail to person apprehending arrest) is not granted under the offence against Muslim Women Act 2019. (Protection of Rights on Marriage). Justice PV Kunhikrishnan is his statement said accused who has filled the prebail application in the high court should first visit respected Magistrate by filling Bail Application under section 7(C) of the Act,2019.
Accused stated that if he has filled the case under section 7(C) the judge can consider the bail application only after issuing notice to the defacto complaint.
After reading the provisions of the act, the court said that there is no prohibitory section in the act 2019. Which stopped the court allowing the application under section 438 of the Cr.P.C. Justice said that if the accused was arrested and bought in front of a judge without a warrant under section 437 (1) of Cr.P.C than the judge would have granted him bail. But there are three pre-conditions to consider bail under section 437(1) are not presented in section 7(c) of the Act.
Guidelines in the matter of consideration of bail application under section 7(c) are –
Triple talaq is a serious matter for the Muslim Women who always have to suffer the consequences once her husband has given her Talaq. Sometimes the custody of the child is even taken away from her by the husband forcefully but the Constitution of India has now considered this case and laid the guidelines in which the courts have to give an ear to the Muslim Women against whom the talaq is pronounced.
The Magistrates said that the anticipatory was also not given to the accused.
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