Court Affirms Only Instant Talaq Prohibited, Not Traditional Methods

The Bombay High Court clarified that only instant triple talaq is prohibited under the Muslim Women (Protection of Rights on Marriage) Act, not the traditional Talaq-e-Ahsan. A man and his parents were relieved from legal charges as the case, involving a non-instantaneous talaq, was quashed by the court.

In a significant legal determination, the Bombay High Court has clarified that the ban under the Muslim Women (Protection of Rights on Marriage) Act pertains solely to instant triple talaq, also known as Talaq-e-Biddat, leaving traditional methods like Talaq-e-Ahsan permissible.

In a recent ruling, Justices Vibha Kankanwadi and Sanjay Deshmukh from Aurangabad bench quashed a case against a man and his parents, filed in 2024 based on his wife's complaint, under section 4 of the Act. The complaint centered on an alleged pronouncement of triple talaq, but the court found the talaq to be of the traditional kind which requires a waiting period.

The bench articulated that continuing the case would constitute an abuse of legal process, noting the man pronounced Talaq-e-Ahsan in December 2023, allowing for a reconciliation period that was not availed, thus invalidating the allegations against him and his family.

(With inputs from agencies.)