Government re-promulgates ordinance banning triple talaq

While the ordinance makes it a "non-bailable" offence, an accused can approach a magistrate even before trial to seek bail. In a non-bailable offence, bail cannot be granted by police at the police station itself. A provision has been added to allow the magistrate to grant bail "after hearing the wife", the government had said.

The magistrate would ensure that bail is granted only after the husband agrees to grant compensation to the wife as provided in the bill The police would lodge an FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage. Neighbours and others cannot lodge a complaint under the ordinance.

The offence of instant triple talaq will be "compoundable". A magistrate can use his powers to settle the dispute between a husband and his wife. This will happen only when the wife approaches the court Under a compoundable offence, both parties have the liberty of withdrawing the case. The proposed law would only be applicable on instant triple talaq or 'talaq-e-biddat' and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children. A woman can also seek the custody of her minor children from the magistrate who will take a final call on the issue.

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