Only instant triple talaq barred, not Talaq-e-Ahsan: Bombay HC
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Mumbai: The Bombay High Court has clarified that only instant triple talaq, also known as 'Talaq-e-Biddat,' is prohibited under the Muslim Women (Protection of Rights on Marriage) Act, while the traditional method of divorce called 'Talaq-e-Ahsan' remains permissible. This ruling came as the court quashed a case filed in 2024 against a man and his parents based on his wife's complaint in Jalgaon.
The Aurangabad bench, comprising Justices Vibha Kankanwadi and Sanjay Deshmukh, emphasized that the Act only applies to forms of talaq that result in instantaneous or irrevocable divorce.
The court noted that the man had followed the Talaq-e-Ahsan procedure, which involves a waiting period of 90 days for reconciliation, making it a valid and lawful method under Islamic law. Consequently, the court deemed the case against the man and his parents an abuse of legal process and dismissed it.
The Bombay High Court quashed a case filed in 2024 against a man and his parents based on his wife's complaint in Jalgaon under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act.
According to this section, any Muslim man who pronounces triple talaq, also known as Talaq-e-Biddat, to his wife is subject to punishment, which may include imprisonment for up to three years.
The HC in its order said, "Under the Act, what has been described in the definition of Talaq is instantaneous and irrevocable. Talaq means Talaq-e-Biddat or any other form of Talaq, which has an instantaneous or irrevocable effect. All other forms of Talaq are not prohibited or barred."
In the present case, the man had given his wife Talaq-e-Ahsan, which is the pronouncement of talaq, the court said.
"The final Talaqnama was given three months after the pronouncement. The legal effect of Talaq-e-Ahsan came into play only 90 days during which the couple had not resumed cohabitation," it said.
When under provisions of the Act, triple talaq is prohibited and not Talaq-e-Ahsan, it would be an abuse of the process of law if the man and his parents are asked to face trial, the HC said.
The couple got married in 2021. They separated in 2023, and the man pronounced Talaq-e-Ahsan in December 2023 in the presence of witnesses.
The man in his plea claimed that under provisions of the Act, this mode of talaq was not punishable.
The bench in its order said the First Information Report (FIR) is not registered for the offence of harassment under the Indian Penal Code.
Since the FIR pertains to the issue of divorce, it is restricted against the husband only and the in-laws cannot be included, the HC said.
"It would be an abuse of the process of law if the case is continued against them," the bench said.
(inputs from PTI)
