The bill, which makes instant triple talaq illegal with up to three years in jail for the husband, was passed by the Lower House last week.
The Muslim Women (Protection of Rights on Marriage) Bill is listed for introduction in the Rajya Sabha by Law Minister Ravi Shankar Prasad on January 2, according to the list of business of the Upper House.
This bill gives power to the victim to approach a magistrate seeking “subsistence allowance” for herself and minor children in the case of instant triple talaq or talaq-e-biddat.
A victim can also seek the custody of her minor children from the magistrate.
Under the law, instant triple talaq in any form— spoken, in writing or by electronic means such as email, SMS and WhatsApp—would be illegal and void.
The bill could get stalled in the Rajya Sabha where government lacks a majority and it may be referred to a parliamentary committee for its review.
Congress to consult other Opposition parties before taking decision on Triple Talaq bill
The Congress would consult a larger opposition before finalising its stand on the contentious bill which proposed to ban instant Triple Talaq and make the practice a cognizable offence, party sources said on Monday.
According to the sources, Leader of Opposition in the Upper House Ghulam Nabi Azad has convened a meeting of the leaders of his party (Congress) as well as other parties in his Parliament chamber on Tuesday, before the bill is taken up.
The sources added that while the Congress was in favour of the bill as it proposed to ban instant Triple Talaq, whether it would press for sending it to the Select Committee, as has been the practice in the Rajya Sabha, would only be seen on Tuesday.
The party might press for amendments in the bill, including a clause for maintenance to the Muslim women and making it mandatory for the man to prove that triple talaq had not been invoked, the sources said.