Gauhati High Court Says Talaq-E-Hasan Valid in India, Directs Assam Man To Seek Divorce Registration Under New Law
Talaq-e-Hasan 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 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, or instant triple talaq, which was declared unconstitutional by the Supreme Court in 2017.
Justice Arun Dev Choudhury passed the order on Tuesday.
What Was The Case About?
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. Muzaffarnagar: Married Man Elopes With Transgender, Wife Files Triple Talaq Complaint.
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. Muzaffarnagar Woman Alleges Triple Talaq, Dowry Harassment and Husband's Affair With Transgender Individual.
What Did The Court Rule?
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the court refused to direct the old Barpeta authority to register the divorce deed, stating that the 1935 law had been repealed.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.
Wife's Absence Does Not Extinguish Her Rights, Says Court
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, and stated that if the wife wished, she could challenge the Talaq-e-Hasan in any competent judicial or legal forum.
(The above story first appeared on LatestLY on Sep 11, 2026 07:27 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
