Photo Courtesy: India Today Group
Guwahati: The Gauhati High Court ruled that Talaq-E-Hassan is a valid form of divorce. It is not prohibited in India. Justice Arun Dev Choudhury delivered the order on Tuesday. He directed a petitioner to seek registration for his divorce through the proper jurisdictional Marriage and Divorce Registrar.
The case involves a man who married in 2016. His wife left their home in 2018 after personal conflicts. The man claimed that all efforts to reconcile failed. He subsequently pronounced Talaq-E-Hassan on three specific dates: March 22, April 26, and May 27, 2026.
The state argued that the previous 1935 law was repealed. Officials confirmed the specific authority in Barpeta no longer holds the power to process these filings. The court agreed. It noted that the post under the old law was abolished. Consequently, the judge told the man to use the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
The court instructed the Registrar to verify the man's identity. They must determine if the divorce actually took place. This process aligns with Section 12 of the 2024 Act. If the office refuses to register the divorce, the petitioner can file an appeal under Section 17 of the same Act. The court noted the wife did not attend proceedings despite receiving notices. The judge stated, "the petitioner's wife, who did not appear before the court despite notices being served, remained free to challenge the Talaq-E-Hassan before an appropriate forum."
The high court disposed of the writ petition. The matter now rests with the local registrar.
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