The Gauhati High Court has held that the jurisdictional Marriage & Divorce Registrar is empowered to register Talaq-E-Hassan after satisfying himself with the procedure provided under the Assam Compulsory Registration of Muslim Marriages and Divorces Act 2024

The petitioner husband had approached the high court after the Sub Registrar-Cum-Marriage and Divorce Registrar, Barpeta had refused to register Talaq-E-Hassan pronounced by him under the Assam Compulsory Registration of Muslim Marriages and Divorces Act 2024. 

Justice Arun Dev Choudhury referred to Supreme Court's decision in Shayara Bano Vs Union of India & Ors (2017) and said that it was clear that in Talaq-E-Hassan, there are three successive pronouncements, wherein after the 1st pronouncement of Talaq, if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated as having been revoked.

If there is no resumption of cohabitation, the 2nd Talaq is to be pronounced after expiry of one month from the first pronouncement, during the period when the wife is not menstruating. Similarly, after the pronouncement of the 2nd Talaq, if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated to has having been revoked.

It said that the pronouncement of the 1st and 2nd Talaq by the husband may be revoked by him; further if after the pronouncement of the 2nd Talaq, there is no revocation made and the husband makes the 3rd pronouncement in the 3rd 'Tuhr' (period of purity), as soon as the 3rd pronouncement is made, the Talaq becomes irrevocable and the marriage stands dissolved, where after, the wife has to observe the required Iddat.

It noted that under Section 12 of the 2024 Act the parties to a divorce are required to make an application to the jurisdictional Marriage & Divorce Registrar for registration of such divorce under the Act within 1 month of such divorce being effected.

It said that the section mandates that on receipt of an application for registration of a divorce, the Registrar has to satisfy himself whether or not such divorce was effected by the person/s by whom the divorce is claimed to have been effected and also satisfy himself as to the identity of the person appearing before him and claiming that the divorce has been effected.

If satisfied, divorce entry would be made in the register and the parties seeking such registration must be present and their signatures are to be obtained before such entry is made. 

"In the case on hand, the Act of 1935 having been repealed and along with such repeal, the post of Sadar Quazi and Registrar of Muslim Marriage and Divorce, Barpeta, created there under, also having been abolished, this Court is not in a position to direct the respondent no. 4 to register the Talaqnama pertaining to the Talaq-E-Hassan, pronounced by the petitioner. However, noticing that the Talaq-E-Hassan as pronounced by the petitioner herein is a valid form of Talaq and not prohibited as on date in the country, this Court  hereby requires the petitioner to approach the jurisdictional Marriage & Divorce Registrar, under the provisions of the said Act of 2024, for registration of the divorce.

On such approach being made, the jurisdictional Marriage & Divorce Registrar shall consider the application of the petitioner and satisfy himself with regard to the fact as to whether the divorce was effected by the petitioner, who claims to have pronounced the same and also after identifying the petitioner, to be the person pronouncing the divorce, proceed to decide as to whether the divorce would mandate a registration. In the event, it is found that the provisions of Section 12 of the Act of 2024 along with the proviso thereto is satisfied by the petitioner, the jurisdictional Marriage & Divorce Registrar shall make an entry of the divorce pronounced by the petitioner in the divorce register. In the event, the jurisdictional Marriage & Divorce Registrar refuses to register the Talaq-E-Hassan pronounced by the petitioner herein, the petitioner is at liberty to take recourse to the provisions of Section 17 of the said Act of 2024 for redressal of his grievance," the court held. 

The petitioner claimed that his wife had left him in 2018 and had not come back to the matrimonial home despite efforts made by him. Citing "cruelty" by the wife and irretrievable break down of marriage, he proceeded to pronounce Talaq in the form of Talaq-E-Hassan on 22.03.2026, 26.04.2026 and 27.05.2026 in presence of witnesses.

The Talaqnama, in case of each of the Talaq pronounced was forwarded to the wife. After pronouncement of the 2nd Talaq on 26.04.2026, there being no reconciliation, the petitioner proceeded to finally pronounce the 3rd Talaq on 27.05.2026. He thus submitted that with the pronouncement of the 3rd Talaq, the marriage had broken and there was no further scope for reconciliation.

He said that after pronouncement of the 3rd Talaq, he had submitted an application dated 02.06.2026 under Section 12 of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, before the respondent No. 4, the Sub Registrar-Cum-Marriage and Divorce Registrar, Barpeta who refused to register the same. Against this he approached the high court. 

He submitted that Talaq-E-Hasan being not prohibited, the Registrar could not have refused to register the same as per the Act. 

The State's counsel said that after the repeal of the Act of 1935, the post of respondent no. 4 appointed as a Registrar of Muslim Marriage & Divorce under the provisions of the said Act of 1935,  also stood abolished after the repeal.

He submitted that the petitioner can approach the jurisdictional Marriage & Divorce Registrar under the 2024 Act for registration of the divorce. 

The court noted that the wife was not present despite service of notice, and said that she would be at liberty to assail the Talaq-E-Hassan before an appropriate forum as per law. 

The plea was disposed of.

Case title: X v/s State of Assam & Others

Case No. : WP(C)/4163/2026

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