Shilpi Nama
The Bombay High Court clarified on April 23rd, 2025 that the Muslim Women (Protection of Rights on Marriage) Act, 2019, is applicable solely to “Talaq-e-bidat” not ‘Talaq-e-Ahsan’. The Act criminalizes instant triple talaq and is applicable to the practice of immediate and irrevocable divorce known as Talaq-e-bidat, but does not extend to the traditional Islamic divorce method referred to as ‘Talaq-e-Ahsan’.
The Aurangabad Bench of the Bombay High Court specified that the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 are limited to Talaq-e-Biddat (instant triple talaq) and do not pertain to Talaq-e-Ahsan, which remains a legitimate form of divorce under Muslim personal law. Consequently, the Court annulled an FIR and associated criminal proceedings initiated against a Muslim man and his parents under Section 4 of the aforementioned Act. This ruling was made while dismissing a police case lodged against a Muslim man and his parents under the Act that prohibits instant Triple Talaq.
The individual had divorced his wife using the Talaq-e-Ahsan method, which involves pronouncing Talaq once followed by a waiting period of 90 days for the divorce to become effective, a method that is still legally recognized under Islamic law. Nevertheless, a First Information Report (FIR) was filed against him and his parents for allegedly breaching the 2019 Act. A Bench comprising Justice Vibha Kankanwadi and Justice Sanjay Deshmukh observed that the type of divorce in this instance did not fall within the prohibited category. The Court also observed that Section 4 of the said Act is restricted to offences committed by the husband only, and therefore the father-in-law and mother-in-law cannot be included in such an offence. The Court determined that Section 34 of the Indian Penal Code concerning common intention cannot be invoked in cases of Talaq pronouncement, as there cannot be a common intention in the pronouncement of Talaq.
‘Given that the facts are acknowledged and considering the law, what was prohibited was the Talaq-e-bidat and not Talaq-e-Ahsan. It would constitute an abuse of legal process to compel the applicants to undergo trial, thus warranting the quashing of the FIR and the proceedings,’ the Court stated.
Case Title: Tanveer Ahmed and Ors. v. State of Maharashtra
Case Number: Criminal Application No. 2559 of 2024
Bench: Justice Vibha Kankanwadi and Justice Sanjay Deshmukh
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