The magistrate will now have powers to grant bail to men found guilty of giving instant triple talaq to their wives.
New Delhi: The Union Cabinet on Thursday approved a provision of granting bail to men found guilty of giving instant triple talaq to their wives, sources in the government said.
Giving instant triple talaq will continue to be illegal and void and will attract a jail term of three years for the husband.
Addressing a presser, Union Law Minister Ravi Shankar Prasad on Thursday said, "Cabinet has approved amendments in the law relating to triple talaq. If any husband gives triple talaq instantaneously then FIR shall only become cognizable when it is filed by victim or blood relative or a person who is related by marriage."
The 'Muslim Women Protection of Rights on Marriage Bill' was cleared by Lok Sabha and is pending in Rajya Sabha where the government lacks numbers.
Provision of bail was one of the demands of the opposition parties.
Under the amendments cleared on Thursday, the magistrate will have powers to grant bail, the sources said. 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.