Only Triple Talaq Is Prohibited, Not Talaq-e-Ahsan: Bombay High Court

The Bombay High Court on Wednesday (April 23) held that the Muslim Women (Protection of Rights on Marriage) Act, 2019 only prohibits the instantaneous and irrevocable "Triple Talaq" also known as "Talaq-e-biddat" but does not prohibit the traditional mode of divorce under Islam known as "Talaq-e-Ahsan."Sitting at Aurangabad, the division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh quashed an FIR lodged against a man and his parents, booked for allegedly pronouncing the Talaq-e-biddat to the complainant wife. The judges noted that the applicant husband had pronounced the Talaq-e-Asan in the presence of a witness and had subsequently issued a notice on December 28, 2023 clarifying that he did not pronounce Talaq-e-biddat but pronounced the Talaq-e-Asan, which is often called as "one pronouncement" as per Shariyat Laws. The bench further noted that subsequently a Talaqnama was signed on March 24, 2024 i.e. within 90 days of his notice to the wife that too after she failed to resume cohabitation or establish physical relations with him. "The legal effect of Talaq-e-Ahsan has come into play. When the facts are admitted and taking into consideration the law, what was prohibited was the Talaq-e-bidat and not Talaq-e-Ahsan, it would be an abuse of process of law, if the applicants are asked to face the trial and therefore, case is made out for quashment of the FIR and the proceedings," the judges held.According to the petition, the couple married in October 2021 at Bhusawal, Jalgaon district. However, the couple had their ups and downs and marital disagreements and finally in December 2023, the husband pronounced Talaq-e-Ahsan and subsequently after the waiting period of 90 days, meant for reconciliation, the couple signed a Talaqnama on March 24, 2024.However, the wife on April 15, 2024 lodged an FIR against the husband and his parents for pronouncing an 'irrevocable' divorce, which is punishable under the Muslim Women (Protection of Rights on Marriage) Act, 2019. She argued that the divorce pronounced by her husband was an irrevocable one and therefore, should be considered as illegal under the Act.On the other hand, the husband contended that he pronounced divorce following the Talaq-e-Ahsan method under which Talaq is pronounced once and is followed by a waiting period of 90 days for the divorce to take effect. The same is still a legal means for divorce under Islamic law, the husband argued.Having heard the parties, the bench noted the 2019 Act prohibited only those methods/modes of divorce under Islam, which had an 'instantaneous and irrevocable' effect."Talaq means Talaq-e-biddat or any other form of Talaq, which is having instantaneous effect or irrevocable effect of the pronouncement. All other forms of Talaq were not prohibited or barred," the bench noted, while referring to the provisions of the 2019 Act.The judges, further referred to section 4 of the 2019 Act, which is restricted mostly to the husband and not directed against the in-laws. "In fact, if this FIR is to be construed to Section 4 of the said Act, then it is restricted against husband only. The father-in-law and mother-in-law cannot be included in such offence. There is no question of Section 34 of Indian Penal Code involved in such FIRs. There cannot be a common intention of pronouncement of Talaq. Therefore, even at this stage also, we can say that it would be an abuse of process of law if the matter is asked to be proceeded for the offence punishable under Section 4 of the said Act against the father-in-law and mother-in-law," the judges held. With these observations, the bench quashed the FIR. Appearance:Advocate SS Kazi appeared for the Applicants.Additional Public Prosecutor AD Wange represented the State.Advocates Shaikh Mohammad Naseer A and Shaikh Mudassir Abdul Hamid represented the Wife. Case Title: Tanveer Ahmed Patel vs State of Maharashtra (Criminal Application 2559 of 2024)Citation: 2025 LiveLaw (Bom) 159Click Here To Read/Download Judgment

Only Triple Talaq Is Prohibited, Not Talaq-e-Ahsan: Bombay High Court

Narsi Benwal

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