Only instant triple talaq (Talaq-e-Bidat) is criminalised under the 2019 Act, clarifies the High Court.
In a significant ruling, the Bombay High Court has clarified that the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalises only the practice of Talaq-e-Bidat (instant triple talaq) and does not extend to Talaq-e-Ahsan — a traditional and legally recognised form of divorce under Islamic law.
The decision came in the case of Tanveer Ahmed & Ors v State of Maharashtra, where the Court quashed an FIR filed against a Muslim man and his parents under the 2019 Act. The man had divorced his wife following the Talaq-e-Ahsan procedure, which involves a single pronouncement of talaq followed by a 90-day waiting period (iddat), during which reconciliation remains possible. The couple did not reunite during this period, making the divorce effective.
Despite adhering to this method, an FIR was filed by the wife at Bhusawal Bazar Peth Police Station in Jalgaon, alleging that the divorce was irrevocable and thus violated the 2019 Act. She also accused her in-laws of being complicit.
However, a Bench of Justices Vibha Kankanwadi and Sanjay Deshmukh found that the divorce did not fall within the ambit of the law banning instant triple talaq.
“What is prohibited under the Act is Talaq-e-Bidat, not Talaq-e-Ahsan. Forcing the applicants to face trial would amount to abuse of legal process,” the Bench observed.
The Court also noted that the FIR itself acknowledged the use of Talaq-e-Ahsan, including the issuance of a formal notice, confirming that the procedure followed was in line with Muslim personal law.
Further, the Bench dismissed the applicability of Section 34 of the Indian Penal Code, which concerns shared criminal intent, stating:
“There is no concept of common intention in the pronouncement of talaq. The FIR cannot implicate the in-laws, and Section 4 of the 2019 Act is clearly restricted to the husband.”
Accordingly, the Court quashed the FIR and the pending criminal proceedings before the Bhusawal court.
Legal Representation:
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Advocate SS Kazi appeared for the husband and his parents.
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Additional Public Prosecutor AD Wange represented the State.
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Advocates Shaikh Mohammad Naseer A and Shaikh Mudassir Abdul Hamid appeared for the wife.
