- The sections are well clear in its brief as stated by you however required explanation needs lot of clarity on in what situation the inputs are required.
- May pls check your mail inbox.
Regards
Vivek Arya
Legal section explanation and consequences
I am looking for explanation and consequences of below section that I received from one of the lawyer here (thank you). I want to present these to lawyer outside India explaining what the section is and its consequences if filed.
Asked 6 years ago in Family Law
Religion: Muslim
19 Answers
Here are the questions: 1. 498a Indian Penal code for cruelty along with sections like 323, 406 Indian Penal Code for beating and stridhan. 2. 125 Criminal Procedure Code for the maintenance. 3. Section 12, 17, 19 of Protection of Women from Domestic Violence Act. 4. Section 3 Dowry Prohibition Act, 5. Muslim Women (Protection of Rights on Marriage) Act, 2019 section 3 and 4 of same are applicable for triple talaq. Pl. find extract of these sections below - 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. - 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. - "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband. - From same it can be construed if spoken thrice then only its irrevocable divorce so speaking once twice cannot be under this act.
Asked 6 years ago
thank you Vivek for the response. I would like to know the consequences of the same. I am not able to find the consequences. Like fine/jail etc. some approximate jail time or similar.
Asked 6 years ago
For all your query questions the consequences would be fine or prison punishment from 6 months to 7 years depends upon case to case and on accused.
Maximum time court has ordered fine in rupees in rear cases there is prison punishment.
Your above interpretations are correct and the said sections are filed for the same offences. For 498A and 406 if convicted the punishment is upto 3 years imprisonment and fine.
323 1 year punishment or fine up to 1000/-
In domestic violence Act there are monetary reliefs, custody orders, residence orders etc.
. Penalty for breach of protection order by respondent.—
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
32. Cognizance and proof.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.
(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.
33. Penalty for not discharging duty by Protection Officer.—If any Protection Officer fails or refuses to discharges his duties as directed by the Magistrate in the protection order without any sufficient cause, he shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.
Muslim Women (Protection of Rights on Marriage) Act, 2019 section 3 and 4 of same are applicable for triple talaq.
There is punishment of 3 years and fine
You have not furnished the contents of the ;lawyer's notice hence what opinion or suggestion do yo expect by this posting this message.
the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional.
You have not confirmed that how did you pronounce talaq, hence no comment can be passed on it.
Rest other cases filed by her to be challenged as pr law and merits in yor side.
You have not made a mention about the contents of the legal notice you received.
The act statutorily provides:[
- All declarations of instant triple talaq, including in written or electronic form, to be void and illegal.
- Instant triple talaq as a cognizable offence with a maximum of three years
- imprisonment and a fine.
- The offence will be cognizable only if information relating to the offence is given by the wife or one of her blood relatives.
- The offence is non-bailable. However, there is a provision that the magistrate hearing the case may grant bail to the accused, only after hearing the wife and if the magistrate is satisfied that there exist reasonable grounds for granting the bail.
- The wife is entitled to a subsistence allowance with the amount to be decided by the magistrate.
- The wife is entitled to seek custody of her minor children from the marriage. The manner of custody to be determined by the magistrate.
- The offence may be compounded by the magistrate upon request of the aggrieved woman.
1) 498Aof IPC is for dowry harassment
2) wife can file case against you for dowry harassment under section 498A of IPC read with provisions of dowry prohibition act as demand for dowry is an offence
3) wife can seek maintenance from you under section 125 cr pc
4) she can also file complaint under provisions of DV act seek maintenance, right to stay in matrimonial home or alternative accommodation
5) triple talaq is an offence and not valid form of divorce
Section 498A prescribes punishmentof three years imprisonment and also fine on husband and relatives of husband who inflict cruelty against women.
2) A month's imprisonment for every month's default of payment t of maintenance is the maximum penalty under section 125 3) and not a maximum ofa month's imprisonment for the total default. 16. The court has to exercise its discretion in each case and decide whether the maximum penalty should be imposed or whether a lesser punishment is sufficient.
Under Sec 22 magistrate can make the respondent pay compensation and damages forinjuries including mental torture and emotional distress caused by act(s) of domestic violence. 5. Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under under the ac
For pronouncing Talaq you will have to be registered by the police in case you are not in the country then I look out notice may be issued for you and as soon as you will appear in the country will be arrested so far as the domestic violence at 498 a and other provisions are concerned these are for the protection of the women and police investigate the matter before making any arrest in keys prima facie it is proved that the crime has been committed you may be arrested under section 125 CRPC every women is to be maintained by the husband if she is unable to maintain herself and it will be your liability to pay the maintenance amount as per the order of the court in case you make any default in payment of the maintenance amount allowed by the court you may be arrested and petition of the wife for the execution of court order and put behind the bar until and unless you clear the total outstanding from the date is allowed and please be aware that during your stay in the jail you will be liable to pay all the expenses which government in curse on your stay in jail.
After the pronouncement after triple Talaq if FIR has been lodged then you have to go for the bail which could be anticipatory bail before arrest or you may go to the high court under section 482 of CrPC to get quashing of the FIR where you have to prove that you have not pronounce the talaq.
Please rate your answer if you like it
Instant triple talaaq if pronounced in single in same form as was prevalent, sec 3 will attract.
Without intention pronounced with no intent to annul marriage, no offense.
Offense attacks jail term up to 3 years, so jail and fine is confirm, period of imprisonment may vary, it may be 3 months or max 3 years.
Other forms of talaaq like talaaq three time during three successive tuhrs no offense.
Dear Sir,
498A as: Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine
Section 323 IPC is the lowest Penal section for causing hurt. This section is attracted when a person voluntarily causes hurt to other person. This section is applied when no weapon is used in causing the hurt i.e. assault.
Section 406 in The Indian Penal Code. 406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 125 of the CrPC provides for the man to pay maintenance to parties other than the wife as well. This includes children (both legitimate and illegitimate) and parents who are unable to support and maintain themselves
Protection of Women from Domestic Violence Act,2005. An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
Section 3 in the Dowry Prohibition Act, 1961
If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2[with imprisonment for a term .
The Muslim Women Protection of Rights on Marriage Act
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. ... Consequently, the bill received assent of the President of India. The act also entitles an aggrieved woman to demand a maintenance for her dependent children.
section 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
section 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
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1. You have already mentioned the sections and offences for which the sections have been applied as per law.
2. The related maximum punishments have been mentioned against those sections in the Act.
1. Pronouncing talaq twice does not conclude the process of talaq as per sharia.
2. You shall have to pronounce or give talaq thrice strictly as per sharia.
1. Giving instantaneous talaq three times is an offence now punishable with jail term for a maximum period of 3 years with fine.
2. The period of imprisonment will be decided by the Court but it will not be for more than 3 years.
- Triple Talaq means a husband saying Talaq three times in one sitting and instantly divorcing and breaking off all the marital relations with immediate effect without any recourse to arbitration or reconciliation with the help of relatives, friends and Sharia courts .
- This type of Divorce without gap between is considered not approved in Islam as well.
- As per law, now practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.
- Hence, if there is gap for the aribitraion / reconcilliaton with the help of relatives ec, then it will not come under the obligation of triple talaq, but there should be wittness for the same .
1. 498 A IPC- Whoever being the husband or the relative of the husband of a woman, subjects wife to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.
- 406 IPC :Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
2. Punishment is for only a month which is given at every non compliance.
3. Under the provision of domestic voilence Act. , a wife can seek maintenance, right to stay in matrimonial home or alternative accommodation
- One year imprision and a fine up to Rs. 20,000/- can be imposed under under the act.
4. Section 3 Dowry Prohibition Act : The punishment can be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.
5. punishable with imprisonment up to three years and fine.
Good luck and dont forget to rating Positively.
498A is for cruelty for dowry by husband and relatives.
323 IPC is for causing simple hurt. And for 406 is for criminal breach of trust by taking possession of stree Dhan.
125 CrPC is filed by wife for claiming maintenance from husband.
Section 12 DV act is Section for complaint to magistrate and section 17 and 19 for claiming right to residence in matrimonial home.
section 3 Dowry prohibition act is complaint against husband family for demanding dowry.
All these offences attract jail time and fine. Specific time period and amount can be known by contacting any lawyer as all of it is mentioned in the various codes and acts passed by the parliament.
Regards
S. 125 is for maintenance.