Bombay High Court ruled that the 2019 law targets only instant triple talaq, not Talaq-e-Ahsan. FIR against Muslim man and his parents was quashed as the divorce followed Islamic legal procedure.
The Bombay High Court recently gave an important ruling in a case related to Muslim divorce laws. The Court clarified that the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises instant triple talaq, only applies to the practice called Talaq-e-Bidat, which means giving instant and final divorce in one go. It does not apply to the traditional method known as Talaq-e-Ahsan, which allows time for reflection and possible reconciliation between husband and wife.
This decision was given by a Division Bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh in the case of Tanveer Ahmed and Ors v State of Maharashtra. The Court quashed the FIR (First Information Report) that was filed against a Muslim man and his parents, who were wrongly accused under the 2019 law.
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The case started after a woman filed a complaint at the Bhusawal Bazar Peth Police Station in Jalgaon, saying that her husband had divorced her illegally under the 2019 Act. She claimed that the divorce was irrevocable and accused not only her husband but also her in-laws of being involved in the decision.
But the facts were different. The man had followed the Talaq-e-Ahsan method, where the husband pronounces talaq once and then waits for a 90-day period (iddat). If there is no reconciliation during that time, the divorce becomes final. In this case, the husband gave a single talaq in December 2023 in front of witnesses and sent a proper notice. The couple did not live together again during the iddat period, so the divorce became valid under Muslim personal law.
The man told the Court that he did everything as per Islamic law. His lawyers also showed earlier court decisions that recognised Talaq-e-Ahsan as a valid and legal form of divorce. His parents also clarified that they had no role in the divorce.
The woman argued that the divorce was still irrevocable, so it should be considered illegal under the 2019 Act, and the matter should go to trial. But the High Court did not agree with this view.
The Court explained that,
the 2019 law was made only to ban those divorces that happen instantly, without giving any time for the couple to think or reconcile.
The Bench clearly said,
“When the facts are admitted and taking into consideration the law, what was prohibited was the Talaq-e-bidat and not Talaq-e-Ahsan, It would be an abuse of process of law, if the applicants are asked to face the trial and therefore, case is made out for quashment of the FIR and the proceedings.”
It also pointed out that even in the woman’s FIR, it was mentioned that the man gave talaq only once and sent a formal notice, which matches the correct procedure under Talaq-e-Ahsan. So the case was not about instant triple talaq at all.
The Court made it very clear that,
only Talaq-e-Bidat is banned by the 2019 Act, and other forms of divorce like Talaq-e-Ahsan are still valid.
The judges said,
“In fact, if this FIR is to be construed to Section 4 of the said Act, then it is restricted against husband only.”
The wife had also used Section 34 of the Indian Penal Code, which talks about common intention in criminal acts, to accuse the in-laws. But the Court rejected this argument.
The judges observed,
“There is no question of Section 34 of Indian Penal Code involved in such FIRs. There cannot be a common intention of pronouncement of Talaq.”
They also referred to the definition of talaq under the 2019 law, which only talks about those divorces that are instantaneous and irrevocable. Since Talaq-e-Ahsan is not like that, the law does not apply to such cases.
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Finally, the Court cancelled the FIR and stopped the criminal proceedings pending before the Bhusawal Court, stating that the divorce was legal and as per Islamic personal law.
Advocate SS Kazi appeared for the husband and his parents.
Additional Public Prosecutor AD Wange appeared for the State.
Advocates Shaikh Mohammad Naseer A and Shaikh Mudassir Abdul Hamid represented the wife.
This judgment is a big clarification on how the 2019 law should be applied. It highlights that only instant triple talaq (Talaq-e-Bidat) is a criminal offence, and not other recognised forms like Talaq-e-Ahsan, which follow proper procedure and give time for possible reconciliation between husband and wife.
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