The Court made it clear that Talaq-e-Ahsan doesn’t violate the 2019 Act banning instant triple talaq.
The Bombay High Court on Wednesday clarified that the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes instant triple talaq, is applicable only to the practice of immediate and irrevocable divorce known as Talaq-e-Bidat, and does not extend to the traditional Islamic form of divorce, ‘Talaq-e-Ahsan’ [Tanveer Ahmed and Ors v State of Maharashtra].
The Court delivered this ruling while quashing an FIR filed against a Muslim man and his parents under the law that bans instant triple talaq.
The man had divorced his wife through the Talaq-e-Ahsan method, where a single pronouncement of talaq is followed by a 90-day waiting period, a process still recognized under Islamic law.
Nevertheless, an FIR was lodged alleging that he and his parents had violated the 2019 Act.
A Bench comprising Justice Vibha Kankanwadi and Justice Sanjay Deshmukh observed that the form of divorce in this case did not come under the category of prohibited practices.
“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 Court said.
The couple got married in 2023 and lived together in various cities across India for a few months. Following marital disputes, the husband pronounced a single talaq in December 2023 in the presence of witnesses and later issued a formal notice.
Since the couple did not resume cohabitation during the 90-day waiting period, the divorce became effective under Muslim personal law.
Subsequently, the wife filed an FIR at Bhusawal Bazar Peth Police Station in Jalgaon, alleging that the divorce was illegal under the 2019 Act as it was irrevocable. She also claimed that her in-laws were involved in the decision and should be held equally accountable.
The husband contended before the court that he had followed the Talaq-e-Ahsan method, which is distinct from Talaq-e-Bidat (instant triple talaq). His lawyers cited previous court rulings that recognized Talaq-e-Ahsan as a legitimate and accepted form of divorce under Muslim personal law. The in-laws also maintained that they had no involvement in the decision.
In contrast, the wife argued that the divorce was still “irrevocable” and, therefore, fell under the purview of the Act, warranting a trial.
However, the High Court did not concur with the wife’s argument.
It stated that the law specifically targets divorces that occur instantly, leaving no scope for reconciliation.
Moreover, the Court clarified that the Act does not apply to 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 Court also dismissed the application of Section 34 of the Indian Penal Code, which pertains to common criminal intent.
“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,” the Bench made it clear.
Importantly, the Court referred to the definition of “talaq” under the 2019 law, clarifying that it applies only to divorces that are both instantaneous and irrevocable. It emphasized that forms like Talaq-e-Ahsan do not fall within this scope.
The Court also pointed out that even the FIR acknowledged the husband had followed the Talaq-e-Ahsan procedure and issued a formal notice, consistent with the prescribed process.
Therefore, it dismissed the FIR and the criminal case that had been ongoing before the Bhusawal court.