Gauhati High Court says ‘talaq-e-hassan’ is a valid form of divorce
The Gauhati High Court has upheld the validity of 'talaq-e-hassan', a Muslim form of divorce, and directed a petitioner to register his divorce under the new Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024. The ruling came after the petitioner's initial registration attempt was rejected due to the repeal of an older Act.
Why it matters
This ruling clarifies the legal standing of 'talaq-e-hassan' in India, particularly in Assam, and ensures that such divorces are properly registered under new legislation, impacting Muslim personal law and legal procedures.
The Gauhati High Court had upheld the validity of ‘talaq-e-hassan’, a Muslim form of divorce where a husband pronounces the word ‘talaq’ once for three consecutive months.
While affirming its validity, the court directed petitioner Rakibul Bhuyan of Barpeta district’s Gelabil village to register his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
The petitioner said that his wife allegedly left him in 2018, two years after their marriage. After attempts at reconciliation failed, he pronounced talaq-e-hassan on March 22, April 26, and May 27, 2026.
He said that with the pronouncement of the third talaq, the marriage had broken. On June 2, he submitted an application to the sub-registrar-cum-marriage and divorce registrar in western Assam’s Barpeta under Section 12 of the 2024 Act.
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