Triple talaq with interval not prohibited: Court directs divorce registration

The Gauhati High Court has held that Talaq-E-Hassan is a valid and currently permissible form of divorce under Muslim personal law, directing its registration to be considered under Assam's 2024 law.The Supreme Court had declared instant triple talaq (talaq-e-biddat) unconstitutional. (Photo: Representational)The Gauhati High Court has ruled that Talaq-E-Hassan is a valid form of divorce among Muslims and is not prohibited in India at present, directing a petitioner seeking registration of his divorce to approach the jurisdictional Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.Talaq-E-Hassan is a form of divorce under Muslim personal law in which talaq is pronounced on three separate occasions, with a significant interval between each pronouncement, allowing time for reconciliation. The process shall spread over roughly 90 days or three menstrual cycles. Justice Arun Dev Choudhury passed the order on Tuesday while hearing a writ petition concerning the registration of a divorce pronounced through Talaq-E-Hassan.The petitioner told the court that he had married in 2016 and that differences later arose between him and his wife. According to him, his wife left the matrimonial home in 2018 and efforts to reconcile the relationship did not succeed. He subsequently pronounced Talaq-E-Hassan on three separate dates -- March 22, April 26 and May 27, 2026 -- and approached the concerned authority seeking registration of the divorce under the applicable law.The petitioner argued that Talaq-E-Hassan was not prohibited and that the divorce had been pronounced in accordance with its requirements. The state, however, submitted that the earlier 1935 law under which the concerned authority had been appointed had been repealed and that the post created under that law had consequently been abolished. The state therefore opposed registration of the divorce by the earlier Barpeta authority.Justice Choudhury observed that the Talaq-E-Hassan pronounced by the petitioner is a valid form of Talaq and is not prohibited in the country as of today.However, the court declined to direct the earlier Barpeta authority to register the Talaqnama, noting that the 1935 law had been repealed and the post created under it abolished.Instead, the court directed the petitioner to approach the jurisdictional Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.The Registrar has been directed to examine whether the divorce was in fact effected by the petitioner and verify his identity before deciding whether registration is required under Section 12 of the 2024 Act.The court also noted that the petitioner's wife, who did not appear despite notices being served, remains free to challenge the Talaq-E-Hassan before an appropriate forum.The court further said that if the Registrar refuses registration, the petitioner can file an appeal under Section 17 of the 2024 Act.With these directions, Justice Choudhury disposed of the writ petition, leaving the question of registration to the jurisdictional Registrar and keeping open the remedies available to both parties under the 2024 Act.- EndsPublished By: India Today Web Desk Published On: Sep 11, 2026 14:06 IST