Husband Says 'Talaq' Thrice In 3 Months. Court Says Not Banned

Talaq-e-Hassan isn't prohibited in the country and is valid, the Gauhati High Court observed while deciding the petition of a man in Assam who wanted the divorce registered under the old law. The court, however, asked him to seek registration from the Barpeta 'marriage and divorce' registrar under the new Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.

Talaq-e-Hasan is a traditional form of divorce under Muslim personal law. The husband can pronounce the word 'talaq' thrice at different intervals. The time gap between the utterances provides an ample opportunity for the husband and his wife to reconsider their decision and reconcile. It is different from 'Talaq-E-Biddat' (instant triple talaq), which was declared unconstitutional by the Supreme Court in 2017.

Justice Arun Dev Choudhury passed the order on Tuesday.

The petitioner wrote in his plea that he got married in 2016. His wife left their home in 2018, and several attempts at reconciliation failed. He submitted that he had pronounced talaq on three separate dates - March 22, April 26, and May 27, 2026.

What Were The Petitioner's Arguments?

The petitioner argued that there is no legal prohibition on "Talaq-e-Hasan" in India and that he had completed the necessary procedures as per religious law. Therefore, his divorce should be registered.

The state government argued that the law under which such divorce cases were previously registered no longer existed.

In his order, Justice Choudhury stated that the petitioner's practice of 'Talaq-e-Hasan' is not banned in India and is considered valid. However, the court refused to direct the old Barpeta authority to register the divorce deed. The court stated that the 1935 law had been repealed.

The court said that the man's identity would be verified. After that, the registrar would decide whether the divorce should be registered under Section 12 of the 2024 Act. The court also stated that if the registrar refused registration, the petitioner would have the right to appeal under Section 17 of the 2024 Act.

The wife of the man did not appear in court. According to records, notices were sent to her, but she did not attend the hearing. The High Court clarified that her absence did not mean that her rights had been extinguished. The court stated that if the wife wished, she could challenge the 'Talaq-e-Hasan' in any competent judicial or legal forum.