'Talaq-E-Hassan' valid form of divorce, to be registered under new Act: Gauhati HC
The Gauhati High Court ruled that 'Talaq-E-Hassan' is a valid form of divorce and directed a petitioner to register it under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024. The court noted that the previous 1935 law is no longer applicable.
Why it matters
This ruling clarifies the legal procedure for divorce registration under new state legislation, impacting how religious personal laws interact with modern administrative requirements.
The Gauhati High Court has held that 'Talaq-E-Hassan' is a valid form of divorce not prohibited in the country, directing a petitioner to approach the Barpeta jurisdictional Marriage and Divorce Registrar for registration of his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
Justice Arun Dev Choudhury had passed the order on Tuesday (September 8, 2026) in a writ petition concerning registration of a divorce pronounced through Talaq-E-Hassan.
According to the petitioner, he got married in 2016, and following differences, his wife allegedly left the matrimonial home in 2018 while attempts at reconciliation did not succeed.
He subsequently pronounced Talaq-E-Hassan on three separate dates — March 22, April 26 and May 27, 2026. He then approached the concerned authority for registration of the divorce under the applicable law.
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