Page:The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018.pdf/3

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Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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and irrevocable divorce pronounced by a Muslim husband; and

(c) "Magistrate" means 3 Judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973[1], in the area where the married Muslim woman resides.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

Talaq to be void and illegal

3. 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.

Punishment for pronouncing talaq.

4. 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

Subsistence allowances

5. 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.

Custody of minor children.

6. Notwithstanding anything contained in any other law for the time being in force, a married Muslim women shall be entitled to custody of her minor children in the

  1. 2 of 1974