Gauhati High Court rules Talaq-E-Hassan is legally valid in India

The Gauhati High Court has ruled that Talaq-E-Hassan, a form of divorce recognized under Muslim personal law, is not prohibited in India and remains legally valid. This distinction was made in response to a petition from an Assam man seeking the registration of his divorce.

Justice Arun Dev Choudhury noted that Talaq-E-Hassan differs from the instant triple talaq (Talaq-E-Biddat), which the Supreme Court declared unconstitutional in 2017. Under Talaq-E-Hassan, the husband makes three successive pronouncements over separate occasions. If cohabitation is resumed between pronouncements, the divorce can be revoked; however, once the third pronouncement is made during a period of purity, the divorce becomes irrevocable.

The court declined to order registration under a repealed 1935 law and instead directed the petitioner to approach the registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act 2024. The court emphasized that the registrar is empowered to register the divorce after ensuring the procedure under the 2024 Act has been satisfied, while preserving the wife’s right to challenge the divorce.