The Madhya Pradesh High Court refused to recognise an alleged triple talaq divorce, observing that courts cannot validate a practice declared unconstitutional by the Supreme Court of India in Shayara Bano v. Union of India, while calling the husband’s plea “vexatious and frivolous”.
The Bombay High Court ruled that the 2019 law prohibiting instant triple talaq applies only to Talaq-e-Bidat, not Talaq-e-Ahsan. The Court quashed an FIR against a man who properly followed the Talaq-e-Ahsan method, clarifying that his divorce was legal under Islamic law, thus not violating the 2019 Act.
The Central Government defended the criminalization of instant triple talaq, stating that it protects the rights of married Muslim women and promotes gender justice and equality. The 2019 law aims to safeguard women affected by triple talaq, following the Supreme Court’s invalidation of the practice and its review of the law. The government emphasized the legislative role in determining criminal conduct based on current social conditions.
