Court directs petitioner to approach Marriage & Divorce Registrar under Assam Compulsory Registration Act, 2024; wife retains right to challenge validity of divorce
In a significant judgment addressing Islamic divorce law in India, the Gauhati High Court has affirmed that Talaq-E-Hassan remains a valid and permissible form of divorce under Islamic law and is not prohibited in the country. However, the Court emphasized that registration of such divorce under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, is mandatory for enforceability.
The case involved petitioner Rakibul Bhuyan, who pronounced Talaq-E-Hassan against his wife on three successive occasions—March 22, 2026, April 26, 2026, and May 27, 2026—in accordance with Islamic law requirements. Following the third pronouncement, the petitioner filed an application for registration of the divorce before the Sub-Registrar-cum-Marriage and Divorce Registrar, Barpeta, which was not processed.
The Court's Key Findings:
Justice Arun Dev Choudhury clarified the procedural requirements for Talaq-E-Hassan based on the Supreme Court's landmark judgment in Shayara Bano v. Union of India (2017) 9 SCC 1. According to the judgment, Talaq-E-Hassan involves three successive pronouncements interspersed with periods of abstinence. After each of the first two pronouncements, if the couple resumes cohabitation within one month, the divorce is revoked. However, once the third pronouncement is made during the third period of purity ('Tuhr'), the divorce becomes irrevocable and the marriage stands dissolved.
The Court noted that the petitioner had correctly followed this procedure, pronouncing all three Talaq declarations with appropriate intervals and in the presence of witnesses.
Registration Requirements:
While affirming the validity of Talaq-E-Hassan, the Court held that under Section 12 of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, parties must apply for registration within one month of the divorce being effected. The Marriage & Divorce Registrar must verify:
1. Whether the divorce was actually effected by the person claiming to have pronounced it
2. The identity of the applicant
3. Compliance with the statutory provisions
The Court clarified that since the earlier Act of 1935 has been repealed, and the post of Sadar Quazi under that Act has been abolished, the old registrar cannot process the application. Instead, the petitioner must approach the jurisdictional Marriage & Divorce Registrar under the new 2024 Act.
Path Forward:
Justice Choudhury directed the petitioner to approach the appropriate Marriage & Divorce Registrar with his application. Upon receipt, the registrar must examine whether all statutory requirements are satisfied and either register the divorce or provide reasons for refusal. Importantly, Section 17 of the 2024 Act provides for appeals if registration is refused.
Wife's Rights Protected:
The Court also took note that the respondent wife (respondent No. 5) was not present during proceedings, despite being duly served with notices. The Court therefore provided that she retains the liberty to challenge the validity of the Talaq-E-Hassan before an appropriate forum in accordance with law, ensuring her right to judicial redressal is preserved.
This judgment reflects the judiciary's balanced approach: recognizing the legitimacy of Islamic divorce procedures while ensuring modern statutory compliance and protecting the rights of both parties through mandatory registration and appellate mechanisms.
Bottom Line:
Talaq-E-Hassan, a valid form of divorce under Islamic law, is not prohibited in India. Registration of such divorce is mandatory under Section 12 of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, for enforceability.
Statutory Provision(s):
Section 12, Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024; Section 17, Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024; Assam Compulsory Registration of Muslim Marriages and Divorces Act, 1935.
Rakibul Bhuyan v. State of Assam, (Gauhati) : Law Finder Doc Id # 2975919
