The Gauhati high court has affirmed the legal validity of 'talaq-e-hassan' as a form of divorce in India, directing a petitioner to register his divorce under the recently enacted Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
Key Points
- The Gauhati high court has ruled that 'talaq-e-hassan' is a valid form of divorce and is not prohibited in India.
- A petitioner who pronounced talaq-e-hassan in 2026 was directed to approach the jurisdictional marriage and divorce registrar under the new Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024, for registration.
- The court clarified that the earlier 1935 legislation for divorce registration had been repealed, necessitating the use of the 2024 Act.
- The registrar must verify the divorce's effectuation and the petitioner's identity before deciding on registration under Section 12 of the 2024 Act.
- The wife, despite not appearing in court, retains the right to challenge the talaq-e-hassan before an appropriate forum.
The Gauhati high court has held that 'talaq-e-hassan' is a valid form of divorce not prohibited in the country, directing a petitioner to approach the Barpeta jurisdictional marriage and divorce registrar for registration of his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
Justice Arun Dev Choudhury had passed the order on Tuesday in a writ petition concerning registration of a divorce pronounced through 'talaq-e-hassan' (where a husband pronounces the word 'talaq' once a month over three consecutive months).
Background of the Case
According to the petitioner, he got married in 2016, and following differences, his wife allegedly left the matrimonial home in 2018 while attempts at reconciliation did not succeed.
He subsequently pronounced talaq-e-hassan on three separate dates -- March 22, April 26 and May 27, 2026. He then approached the concerned authority for registration of the divorce under the applicable law.
The petitioner argued that 'talaq-e-hassan' was not prohibited and that the divorce had been pronounced according to its requirements.
Court's Observations and Directives
The state government, however, submitted that the earlier 1935 legislation had been repealed and the authority appointed under that law could no longer register the divorce.
Justice Choudhury observed that the 'talaq-e-hassan' as pronounced by the petitioner is a valid form of 'talaq' and is not prohibited in the country as of today.
He, however, declined to direct the earlier Barpeta authority to register the 'talaqnama' because the 1935 law had been repealed and the post created under it had been abolished.
He directed the petitioner to approach the jurisdictional marriage and divorce registrar under the 2024 Act.
The registrar must examine whether the divorce was effected by the petitioner and verify his identity before deciding whether registration is required under Section 12 of the Act.
If registration is refused, the petitioner may pursue the remedy of appeal under Section 17 of the 2024 Act.
The judge also observed that the wife, who was not present in court despite notices being served, remained free to challenge the 'talaq-e-hassan' before an appropriate forum.
The court disposed of the writ petition.
