The Gauhati High Court has observed that Talaq-e-Hasan is not prohibited in India and remains a valid form of divorce under Muslim personal law.

The bench of Justice Arun Dev Choudhury made the observation while hearing a petition filed by an Assam man seeking registration of his divorce under the earlier law. The Court, however, directed him to approach the Barpeta marriage and divorce registrar for registration under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.

The petitioner told the Court that he had married in 2016 and that his wife had left their matrimonial home in 2018. According to him, repeated attempts at reconciliation failed.

He submitted that he had pronounced Talaq-e-Hasan on three separate dates — March 22, April 26 and May 27, 2026.

Under Talaq-e-Hasan, the husband pronounces talaq on three occasions with intervals between each pronouncement. The waiting period allows the couple an opportunity to reconsider the decision and reconcile. It is distinct from Talaq-e-Biddat, or instant triple talaq, which was declared unconstitutional by the Supreme Court in 2017.

The petitioner argued that there was no legal prohibition against Talaq-e-Hasan in India and that he had followed the procedure prescribed under Muslim personal law. He therefore sought registration of the divorce.

The State, however, submitted that the law under which such divorce deeds were earlier registered had been repealed.

The High Court agreed that Talaq-e-Hasan was not banned and was a valid form of divorce. However, it declined to direct the old Barpeta authority to register the divorce deed, noting that the 1935 law had been repealed.

The Court instead directed that the petitioner's identity be verified and that the competent registrar consider his application under Section 12 of the 2024 Act.

The Court further clarified that if the registrar refuses registration, the petitioner would have the right to challenge the decision by way of an appeal under Section 17 of the 2024 Act.

The petitioner's wife did not appear before the High Court despite notices being issued to her. The Court made it clear that her absence from the proceedings would not extinguish any of her legal rights.

It observed that she would remain free to challenge the validity of the Talaq-e-Hasan before any competent court or other appropriate legal forum.