A. a Muslim, pronounced triple talaq to his wife at a time. Explain the rights of such divorced wife.

Facts of the Case

A, a Muslim husband, pronounced triple talaq (Talaq-ul-Biddat) to his wife in one sitting, intending to effect an immediate and irrevocable divorce. The wife challenges the validity of the talaq and claims her rights to maintenance, dower, and other post-divorce benefits. This case raises the question of whether instant triple talaq is valid under current Indian law and what legal rights the divorced woman is entitled to after such pronouncement. The case involves the application of Muslim Personal Law (Shariat) Application Act, 1937, and The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Issues in the Case

1. Whether the instant triple talaq (Talaq-ul-Biddat) pronounced by A is legally valid in India.
2. What are the rights of the divorced wife under current laws governing Muslim marriage and divorce?
3. Whether the wife is entitled to maintenance, dower, and residence rights despite the invalidity of the talaq.
4. What is the legal effect of the 2019 Act on pronouncements of instant triple talaq?

Legal Principles Covered to Support Case Proceeding and Judgements

• Invalidity of Triple Talaq:
  • The Supreme Court of India in Shayara Bano v. Union of India (2017) 9 SCC 1 declared Talaq-ul-Biddat unconstitutional, holding it violative of Article 14 (Equality before law) and Article 21 (Right to life and dignity).
  • Following this, the Muslim Women (Protection of Rights on Marriage) Act, 2019 made instant triple talaq void and illegal, and its pronouncement a criminal offence under Section 3 of the Act.
• Rights of Divorced Muslim Women:
  • Under The Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced woman is entitled to:
    1. Reasonable and fair provision and maintenance during the iddat period.
    2. Mahr (dower) agreed at the time of marriage.
    3. All properties and gifts received during the marriage.
    4. If she has no means after iddat, the court may order maintenance from relatives or the Wakf Board.
• Law of Contract Connection:
  • Marriage under Muslim law is treated as a civil contract, and dissolution must follow contractual principles of fairness, consent, and compliance with legal formality.
  • A void talaq fails to dissolve the marital contract legally, and thus, the wife retains all rights as a lawful spouse until a valid dissolution occurs.

Possible Judgement

The court would likely hold that:

1. The pronouncement of triple talaq in one sitting by A is void and illegal under The Muslim Women (Protection of Rights on Marriage) Act, 2019.
2. The wife continues to be the legally wedded spouse, and the marriage remains subsisting.
3. The wife is entitled to her dower (mahr), maintenance during iddat, and residence rights, along with the protection of maintenance under Section 125 Cr.P.C. if deserted.
4. If A continues to refuse maintenance or reconciliation, the wife can initiate criminal proceedings under Section 3 of the 2019 Act.

Key Principle: Instant triple talaq (Talaq-ul-Biddat) is void and illegal in India. A divorced wife retains her rights to maintenance, dower, and protection under the 1986 and 2019 Acts.

Mnemonic to Remember – “M-D-P-A”

• M – Maintenance during and after iddat
• D – Dower (mahr) entitlement
• P – Property and gifts retained by wife
• A – Act of 2019 makes instant talaq void

Hence, the wife remains legally married and enjoys full rights to maintenance, dower, and protection under current Indian Muslim law.

About lawgnan:

Discover the validity of triple talaq and the legal safeguards available to Muslim women under The Muslim Women (Protection of Rights on Marriage) Act, 2019 at Lawgnan.in. Learn how the 2019 Act, following the Shayara Bano judgment, makes instant triple talaq (Talaq-ul-Biddat) void and illegal in India. Understand the legal rights of Muslim women, including maintenance during iddat, dower (mahr), and residence rights under the 1986 and 2019 Acts. Lawgnan provides simplified explanations of Muslim personal law, divorce rights, and constitutional protection for women in India.