The Gauhati High Court has held that a jurisdictional Marriage and Divorce Registrar can register a divorce pronounced through Talaq E Hassan after verifying that the procedure meets the requirements of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
Justice Arun Dev Choudhury passed the order after a husband approached the court when the Sub Registrar cum Marriage and Divorce Registrar in Barpeta refused to register the Talaq E Hassan pronounced by him.
Court Explains Talaq E Hassan Procedure
Referring to the Supreme Court’s 2017 judgment in Shayara Bano v Union of India, the High Court explained that Talaq E Hassan involves three successive pronouncements of talaq.
After the first pronouncement, the divorce can be revoked if the couple resumes cohabitation within one month. If there is no reconciliation, the second pronouncement is made after one month, during the wife’s period of non menstruation.
The second pronouncement can also be revoked if the couple resumes cohabitation within one month.
If there is no revocation and the husband makes the third pronouncement during the third period of purity, the Talaq E Hassan becomes irrevocable and the marriage is dissolved. The wife must then observe the required iddat period.
The court noted that Talaq E Hassan is not currently prohibited in India.
Registrar Must Verify Divorce
The court said Section 12 of the 2024 Assam Act requires parties to a divorce to apply to the jurisdictional Marriage and Divorce Registrar for registration within one month of the divorce being effected.
The Registrar must verify whether the divorce was actually pronounced by the person claiming to have pronounced it and confirm the identity of the person appearing before the authority.
If the requirements are satisfied, the divorce can be entered into the official register. Both parties seeking registration must be present and sign the register.
The court said that if the Registrar refuses registration, the person concerned can seek redress under Section 17 of the 2024 Act.
Husband Had Pronounced Talaq Three Times
The petitioner told the court that his wife had left the matrimonial home in 2018 and had not returned despite his efforts. He cited alleged cruelty and an irretrievable breakdown of the marriage.
He said he pronounced Talaq E Hassan in the presence of witnesses on March 22, April 26 and May 27, 2026. Talaqnamas relating to each pronouncement were also sent to his wife.
According to the petitioner, there was no reconciliation after the second pronouncement, following which he made the third and final pronouncement on May 27.
He subsequently applied to the Barpeta Marriage and Divorce Registrar on June 2 under Section 12 of the 2024 Act. The application was refused, prompting him to approach the High Court.
Court Directs Fresh Application
The High Court noted that the earlier 1935 law had been repealed and the post of Sadar Quazi and Registrar of Muslim Marriage and Divorce created under that law had also been abolished.
Therefore, the court said it could not direct the former registrar to register the Talaqnama.
However, since Talaq E Hassan was not prohibited, the court directed the petitioner to approach the jurisdictional Marriage and Divorce Registrar under the 2024 Act.
The Registrar was directed to verify whether the divorce was pronounced by the petitioner and whether the requirements under Section 12 were met.
If the requirements are satisfied, the Registrar must make an entry in the divorce register.
The court also clarified that the wife, who did not appear despite being served notice, remains free to challenge the Talaq E Hassan before an appropriate forum in accordance with law.
