The Patna High Court has held that a Muslim husband does not need to give a specific reason to dissolve his marriage under Muslim personal law.
A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while dismissing an appeal filed by Md Sarif Anwar, also known as Shareef Anwar, against his wife Noorjahan Khatoon. The judgment was delivered on August 31, 2026.
The court, however, upheld the Family Court’s decision refusing to grant the husband a divorce decree in the case.
Husband Relied on Successive Talaq Pronouncements
The couple married on April 7, 1999, according to Muslim rites and rituals. The husband claimed that his wife had treated him with cruelty and left their matrimonial home permanently on October 14, 2008.
He said he made several attempts to bring her back but she refused and wanted the marriage to end. He later claimed that he divorced her through successive pronouncements of Talaq and approached the Family Court seeking a divorce decree.
The wife did not appear before the Family Court despite receiving summons, following which the case proceeded ex parte.
Evidence before the court indicated that the wife was living in Bengaluru after marrying another man. The husband had also entered into a second marriage after his alleged Talaq pronouncements.
Family Court Relied on Supreme Court Triple Talaq Judgment
The Family Court referred to the Supreme Court’s 2017 judgment in Shayara Bano v. Union of India, in which the practice of instant Triple Talaq was declared unconstitutional.
Based on the judgment, the Family Court held that the husband had not legally divorced his wife and rejected his plea for a divorce decree.
The husband then approached the High Court, arguing that his wife had deserted him since 2008 and that he had approached the court in 2021, more than 13 years later. He also relied on cruelty and desertion as grounds for divorce.
Patna HC Explains Muslim Divorce Rules
The High Court examined the principles laid down in Mulla’s Principles of Mahomedan Law.
The Bench noted that under Muslim law, a marriage can be dissolved by the husband at his will without court intervention, through mutual consent, or through a judicial decree.
The court further observed that a Muslim husband does not need to establish a specific reason to dissolve the marriage through Talaq.
“Therefore, in order to dissolve a marriage by Mahomedan Male, no ground of divorce is necessary,” the Bench said.
The court noted that Talaq may be pronounced orally or through a written Talaknama.
Successive Talaq Pronouncements Not Considered Irrevocable
The High Court then examined the different forms of Talaq, including Talaq Ahsan, Talaq Hasan and Talaq-ul-Bidaat, also known as Talaq-i-Badai.
The court noted that Talaq-i-Bidaat, which involves three successive pronouncements, was declared unconstitutional by the Supreme Court in Shayara Bano.
The Bench observed that the husband had not claimed that he had divorced his wife through Talaq Ahsan or Talaq Hasan. His case was based on successive pronouncements of Talaq.
“Therefore, declaration of divorce by successive pronouncement of Talak cannot be held to be irrevocable,” the court held.
The Bench explained that Talaq Ahsan becomes complete and irrevocable after the expiry of the Iddat period, while Talaq Hasan becomes irrevocable after the third pronouncement.
HC Rejects Cruelty and Desertion Argument
The High Court also rejected the husband’s argument that he could obtain a divorce decree based on cruelty or desertion.
“The learned Advocate for the appellant is absolutely misconceived that the husband/appellant can dissolve the marriage by a decree of divorce on the ground of cruelty or desertion,” the Bench observed.
The court ultimately found no illegality in the Family Court’s order and dismissed the husband’s appeal.
