Giving instant triple talaq will be illegal and void, and attract a jail term of three years for the husband as per the proposed draft legislation to curb the practice. <br/><br/>Official sources said, the draft Muslim Women Protection of Rights on Marriage Bill has been sent to the state governments for their views, and they have been asked to respond to the draft urgently. <br/><br/>The Bill is expected to be tabled during the Winter Session of Parliament starting from 15th of this month. <br/><br/>Sources also said, the proposed law will only be applicable on instant triple talaq or talaq-e-biddat, and it will give power to the victim to approach a magistrate seeking subsistence allowance for herself and minor children. <br/><br/>The woman can also seek the custody of her minor children, and the magistrate will take a final call on the issue.<br/><br/>Under the draft law, triple talaq in any form – spoken, written or by electronic means like email or SMS will be illegal and void. Besides, giving instant talaq will be a non-bailable and cognisable offence. <br/><br/>The draft was prepared by an inter-minister group headed by Home Minister Rajnath Singh. The other members included External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley and Law Minister Ravi Shankar Prasad. <br/><br/>Once the views of the states are received, the Law ministry will move Union Cabinet with the proposal. <br/><br/>In August, the Supreme Court had struck down the controversial Islamic practice of instant divorce or talaq-e-biddat as arbitrary and unconstitutional. <br/><br/>But there have been reports of a number of divorces by way of talaq-e-biddat even after the judgement.