The New Indian Express ·
‘Talaq-e-hassan’ valid form of divorce, rules Gauhati HC
GUWAHATI: The Gauhati High Court has ruled that “talaq-e-hassan” is a valid form of talaq and is not prohibited in India, directing a man to approach the Marriage & Divorce Registrar for registration of his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
Justice Arun Dev Choudhury passed the order on September 8 after hearing a petition filed by Rakibul Bhuyan, who sought registration of his divorce pronounced through talaq-e-hassan, under which a husband pronounces the word talaq once a month for three consecutive months.
According to the petitioner, he got married in 2016, but his wife left him and returned to her parental home in 2018 following differences between them.
Despite efforts by the petitioner, she did not return to her husband’s house. Later, the man pronounced talaq-e-hassan on three different days in March, April and May this year in the presence of witnesses.
The petitioner argued that following the third pronouncement of talaq-e-hassan, the marriage had ended and there was no further scope for reconciliation.
However, the state government submitted that since the 1935 Act governing divorce registration had been repealed and the post of Registrar of Muslim Marriages and Divorce consequently abolished, the petitioner’s divorce could not be registered under the repealed law.
The government further submitted that the petitioner could approach the jurisdictional Marriage & Divorce Registrar for registration of his divorce under the 2024 Act.
The court observed that talaq-e-hassan is a valid form of talaq and is not prohibited in the country as of now. It directed the petitioner to approach the jurisdictional Marriage & Divorce Registrar under the provisions of the 2024 Act for registration of the divorce.
The court held that if the petitioner satisfies the requirements under Section 12 of the Act of 2024 and its proviso, the jurisdictional Registrar will record the divorce in the divorce register. If registration is refused, he may seek recourse under Section 17 of the Act.
The court said the wife, who was not present in court despite notices being served on her, was free to challenge the talaq-e-hassan before an appropriate forum.