Gauhati High Court says ‘talaq-e-hassan’ is a valid form of divorce
The Gauhati High Court affirmed that talaq‑e‑hassan remains a legally valid form of Muslim divorce and instructed the petitioner to seek registration under the 2024 Assam Compulsory Registration of Muslim Marriages and Divorce Act. The court also outlined the procedure for registration and the right to appeal if the registrar declines the request.
- ✓The Gauhati High Court affirmed that talaq‑e‑hassan remains a legally valid form of Muslim divorce and instructed the petitioner to seek registration under the 2024 Assam Compulsory Registration of Muslim Marriages and Divorce Act.
- ✓The petitioner, Rakibul Bhuyan of Gelabil village in Barpeta district, claimed his wife abandoned him in 2018, two years after their marriage.
- ✓He issued the three pronouncements on March 22, April 26 and May 27, 2026, and filed an application on June 2, 2026, under Section 12 of the 2024 Act.
- ✓The sub‑registrar‑cum‑marriage and divorce registrar in western Assam refused to register the divorce, citing the repeal of the 1935 Act.
The Gauhati High Court ruled that the traditional Muslim practice of talaq‑e‑hassan, where a husband pronounces "talaq" once a month for three consecutive months, is a valid form of divorce under Indian law. Justice Arun Dev Choudhury delivered the judgment, directing the petitioner to register his divorce with the appropriate marriage and divorce registrar as mandated by the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
The petitioner, Rakibul Bhuyan of Gelabil village in Barpeta district, claimed his wife abandoned him in 2018, two years after their marriage. He issued the three pronouncements on March 22, April 26 and May 27, 2026, and filed an application on June 2, 2026, under Section 12 of the 2024 Act. The sub‑registrar‑cum‑marriage and divorce registrar in western Assam refused to register the divorce, citing the repeal of the 1935 Act. The court’s order, dated September 8, instructed Bhuyan to approach the jurisdictional registrar again and clarified that refusal could be challenged under Section 17 of the 2024 Act.
The decision comes amid ongoing debates over Muslim personal law in India, where the 1935 legislation governing Muslim marriages and divorces was recently superseded by the 2024 Act. By confirming the legality of talaq‑e‑hassan, the court reinforced the continuity of certain traditional practices while emphasizing procedural compliance. The petitioner’s wife, who did not appear in court despite notices, retains the right to contest the divorce in a suitable forum, highlighting the case’s potential impact on future divorce registrations for Muslim couples in Assam.
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| Issuing Authority | The Hindu National |
|---|---|
| Topic Category | INDIA |
| Jurisdiction | All India / National |
| Publication Date | 11 September 2026 |