The Gauhati High Court has observed that talaq-e-hasan is not banned in India and is valid. The court made the observation after a Muslim man from Assam applied to register his divorce under the old law. However, instead of the old law, he was directed to approach the relevant registrar in Barpeta to register the divorce under the Assam Muslim Marriages and Divorces Registration Act, 2024.
Justice Arun Dev Choudhury issued the order last Tuesday.
Talaq-e-hasan is a divorce procedure recognised under Muslim personal law, in which the husband pronounces “talaq” three times at specific intervals. The gap between each pronouncement gives the couple an opportunity to reconsider and reconcile. It differs from talaq-e-biddat, or instant triple talaq. In 2017, India’s Supreme Court declared instant triple talaq unconstitutional.
In his application to the court, the man said he married in 2016. His wife left home in 2018. Multiple attempts at reconciliation between them subsequently failed. He stated in his application that he then pronounced talaq separately on three dates — March 22, April 26 and May 27, 2026.
What argument did the man make?
The applicant argued in court that there is no legal prohibition on talaq-e-hasan in India. He said he had also completed the procedure laid down under Muslim personal law, and that his divorce should therefore be ordered registered.
However, the Assam government told the court that the law under which such divorces used to be registered had been repealed.
Considering all aspects, the judge observed in his ruling that the manner in which the applicant pronounced “talaq-e-hasan” is a valid form of divorce and is not currently banned in the country. However, since the 1935 law has been repealed and the post created under that law abolished, the applicant was instead directed to approach the relevant area’s marriage and divorce registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
The man’s wife was not present in court. According to records, although a notice was sent to her, she did not take part in the hearing. However, the High Court made clear that her absence from court does not mean her legal rights have lapsed. If she wishes, she can challenge the validity or effect of the talaq-e-hasan before an appropriate court or legal forum.