Court affirms Talaq-E-Hassan as a legitimate form of Islamic divorce in India and mandates compliance with Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 for enforceability
In a significant judgment delivered on September 8, 2026, the Gauhati High Court, presided over by Justice Arun Dev Choudhury, ruled that Talaq-E-Hassan, a form of Islamic divorce involving three successive pronouncements interspersed with periods of abstinence, remains valid and lawful under Indian jurisprudence. The court clarified that while the form of divorce is permissible, its enforceability hinges on compulsory registration as mandated by the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 (hereinafter, the Act of 2024).
The case arose from a writ petition filed by Rakibul Bhuyan, who sought directions to compel the Sub-Registrar-Cum-Marriage and Divorce Registrar, Barpeta, to register his Talaq-E-Hassan pronounced on his wife after following the Islamic procedural requirements. The petitioner’s marriage, solemnized in 2016, had irretrievably broken down, leading him to pronounce Talaq-E-Hassan on three dates—March 22, April 26, and May 27, 2026—in the presence of witnesses. After the final pronouncement, he applied for registration of the Talaqnama as stipulated under Section 12 of the Act of 2024 but faced refusal.
Justice Choudhury extensively relied on the Supreme Court’s landmark 2017 judgment in Shayara Bano v. Union of India (2017) 9 SCC 1, which elucidated the distinctions among various forms of Islamic divorce. The court reaffirmed that Talaq-E-Hassan requires three pronouncements of divorce, each followed by a month-long period wherein reconciliation can revoke the talaq. Only upon the third pronouncement without reconciliation does the divorce become irrevocable, dissolving the marriage.
The court observed that although Talaq-E-Hassan is a recognized and valid form of divorce under Islamic law, its legal enforceability in Assam is contingent upon registration under the new Act of 2024. The earlier Assam Act of 1935, under which the previous registrar operated, has been repealed. Consequently, the petitioner must approach the jurisdictional Marriage & Divorce Registrar appointed under the Act of 2024 within one month of divorce pronouncement for registration. The Registrar is required to verify the identity of the parties and the authenticity of the divorce before entering it into the official register.
Further, the court directed that if the Registrar refuses registration, the aggrieved party can seek remedy through the appeal mechanism under Section 17 of the Act of 2024. The judgment also granted liberty to the respondent wife to challenge the validity of the Talaq-E-Hassan before an appropriate legal forum, preserving her legal rights.
This ruling underscores the judiciary’s effort to harmonize religious personal laws with statutory mandates aimed at transparency and formalization of Muslim marriages and divorces in Assam. It affirms that while religious practices are respected, they must conform to procedural safeguards provided by law to ensure legal certainty and protection of parties’ rights.
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):
Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 - Section 12, Section 17; Reference to Assam Act of 1935 (repealed)
Rakibul Bhuyan v. State of Assam, (Gauhati) : Law Finder Doc Id # 2975919
