5. Subsistence allowance.—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.
6. Custody of minor children.—Notwithstanding anything contained in any other law for the time
being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of
pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
7. Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974),—
(a) an offence punishable under this Act shall be cognizable, if information relating to the
commission of the offence is given to an officer in charge of a police station by the married Muslim
woman upon whom talaq is pronounced or any person related to her by blood or marriage;
(b) an offence punishable under this Act shall be compoundable, at the instance of the married
Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms
and conditions as he may determine;
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
3
(c) no person accused of an offence punishable under this Act shall be released on bail unless the
Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon
whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such
person.
8. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second
Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women
(Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have
been done or taken under the provisions of this Act.