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The Bombay High Court said that only immediate triple talaq is banned, not divorce-e-Ahsan. Justice Vibha Kankanwadi and Justice Sanjay Deshmukh of the Aurangabad bench of the High Court said that under the Muslim Women’s (Protection of Marriage Rights) Act, the definition of divorce includes divorce forms that are immediate, or which cannot be changed.
With this comment, the court dismissed the case registered in 2024 under Section 4 of the Muslim Women (Protection Rights) Act on a complaint lodged against a person from Jalgaon and his parents.
Under this section, any Muslim person who gives three divorces to his wife, called divorce-e-biddat, will be sentenced to jail for up to three years.
Three comments of Aurangabad bench …
- In this case, the person gave his wife a divorce-e-Ahsan, which is only declared divorce. The divorce was given three months after the announcement.
- The legal impact of divorce-e-Ahsan came into force only after 90 days. During this time the couple did not start living together again. That is, divorce came into force under Muslim personal law.
- Three divorce is a crime under the Act. While divorce-e-Ahsan is not a crime, if a case is made against the person and his parents, then the law is misused.
Marriage was held in 2021, divorce announced in 2023
According to reports, a person named Tanveer Ahmed married in 2021. He separated from his wife in 2023. Tanveer announced Talaq-e-Ahsan in December 2023 in the presence of witnesses. The wife lodged an FIR at Bhusaval Bazar Peth Police Station in Jalgaon. Sane also alleged that his in -laws were part of the decision and should also be attributed equally.
However, Tanveer in his petition claimed that this method of divorce under the provisions of the Act is not punishable. The court said that the FIR lodged is related to the issue of divorce, so it is limited only against the husband and the in -laws cannot be included in it. If the matter is continued, it will be misused by the law.
Supreme Court stops only divorce-e-biddat
On 22 August 2017, the Supreme Court described the breaking of marriage only by speaking three divorces as unconstitutional. On this process called divorce-e-biddat, most of the Muslim Ulama also said that it is not according to the Quran.
Three ways to divorce in Islam
- The first is divorce-e-Ahsan, according to Islamic scholars, the husband can divorce his wife when his periods are running. During this divorce, 3 months are separated from the wife under the same roof, which is called Iddat. If the husband wants, he can withdraw divorce after 3 months. If this does not happen, divorce happens forever. But husband and wife can marry again.
- The second is divorce-e-Hasan, in which the husband can divorce by calling/writing a divorce to his wife on three different occasions. That too when he does not have periods. But there is a chance to return a divorce before Iddat is over. The marriage remains in force until the third time before saying divorce, but ends immediately after speaking. Even after this divorce, husband and wife can marry again. But the wife has to go through Halala (second marriage and then divorce).
- The third is triple talaq or divorce-e-biddat, in which the husband can divorce the wife by writing at any time, place, on phone. After this, the marriage immediately breaks down and cannot be withdrawn.
Read this news related to triple talaq too …
Returning from Australia in Lucknow, husband said three divorces, was harassing for dowry for 12 years
A young man living in Hussainganj, Lucknow returned from Australia and gave his wife three divorces for dowry. The victim said that after marriage, the whole family started harassing for dowry and expelled from the house as soon as the husband went to Australia. After the husband’s three divorces, the DCP complained to the middle case if there was no hearing. Hussainganj police is investigating the case by registering an FIR on the complaint of the victim. Read full news …
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