Only instant triple talaq barred, not Talaq-e-Ahsan: HC

Mumbai, The Bombay High Court has ruled that only quick triple talaq is outlawed, not the traditional procedure of divorce known as 'Talaq-e-Ahsan', after dismissing a lawsuit filed against a man and his parents in response to his wife's complaint. The court dismissed the lawsuit filed in 2024 against the man and his parents based on his wife's allegation in Jalgaon under Section 4 of the Muslim Women Act. According to the clause, any Muslim man who pronounces triple talaq, also known as Talaq-e-Biddat, to his wife faces up to three years in prison.

In its order, the HC stated, "Under the Act, what is specified in the concept of talaq is instantaneous and irrevocable. Talaq refers to Talaq-e-Biddat or any other form of Talaq that has an immediate or irreversible effect. All other forms of Talaq are neither prohibited nor barred."

In this case, the guy gave his wife Talaq-e-Ahsan, which is the declaration of talaq, according to the court. "The final Talaqnama was issued three months after the pronouncement." The legal effect of Talaq-e-Ahsan became effective only after the couple had not resumed cohabitation for 90 days," it stated.