'Talaq-E-Hassan' valid form of divorce, to be registered under new Act: Gauhati HC

Guwahati: Sept 11 The Gauhati High Court has held that 'Talaq-E-Hassan' is a valid form of divorce not prohibited in the country, directing a petitioner to approach the Barpeta jurisdictional Marriage and Divorce Registrar for registration of his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.

Justice Arun Dev Choudhury had passed the order on Tuesday in a writ petition concerning registration of a divorce pronounced through Talaq-E-Hassan.

According to the petitioner, he got married in 2016, and following differences, his wife allegedly left the matrimonial home in 2018 while attempts at reconciliation did not succeed.


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He subsequently pronounced Talaq-E-Hassan on three separate dates - March 22, April 26 and May 27, 2026. He then approached the concerned authority for registration of the divorce under the applicable law.

The petitioner argued that Talaq-E-Hassan was not prohibited and that the divorce had been pronounced according to its requirements.

The state, however, submitted that the earlier 1935 legislation had been repealed and the authority appointed under that law could no longer register the divorce.

Justice Choudhury observed that the Talaq-E-Hassan as pronounced by the petitioner is a valid form of Talaq and is not prohibited in the country as of today.

He, however, declined to direct the earlier Barpeta authority to register the Talaqnama because the 1935 law had been repealed and the post created under it had been abolished.

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He directed the petitioner to approach the jurisdictional Marriage and Divorce Registrar under the 2024 Act.

The Registrar must examine whether the divorce was effected by the petitioner and verify his identity before deciding whether registration is required under Section 12 of the Act.

If registration is refused, the petitioner may pursue the remedy of appeal under Section 17 of the 2024 Act.

The Judge also observed that the wife, who was not present in court despite notices being served, remained free to challenge the Talaq-E-Hassan before an appropriate forum.

The court disposed of the writ petition.