Benchmarks
Nifty23,351.75-126.05

FEATURED FUNDS★★★★★

Motilal Oswal Midcap Fund Direct-Growth

5Y Return
21.98 %

Invest Now

Enter search text:

Business News›News›India›'Talaq-E-Hassan' valid form of divorce, to be registered under new Act: Gauhati HC

Read Today's Paper

'Talaq-E-Hassan' valid form of divorce, to be registered under new Act: Gauhati HC
Synopsis

The Gauhati High Court affirmed Talaq-E-Hassan as a valid divorce method in India. A petitioner was directed to register his divorce under the new Assam law. The court noted the divorce was pronounced according to Talaq-E-Hassan requirements. Previous registration authorities under an old law were abolished.

iStock

Guwahati: Sept 11 The Gauhati High Court has held that 'Talaq-E-Hassan' is a valid form of divorce not prohibited in the country, directing a petitioner to approach the Barpeta jurisdictional Marriage and Divorce Registrar for registration of his divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.



Justice Arun Dev Choudhury had passed the order on Tuesday in a writ petition concerning registration of a divorce pronounced through Talaq-E-Hassan.



According to the petitioner, he got married in 2016, and following differences, his wife allegedly left the matrimonial home in 2018 while attempts at reconciliation did not succeed.

Justice Choudhury observed that the Talaq-E-Hassan as pronounced by the petitioner is a valid form of Talaq and is not prohibited in the country as of today.



He, however, declined to direct the earlier Barpeta authority to register the Talaqnama because the 1935 law had been repealed and the post created under it had been abolished.



Also read: Jauhar University case hearing deferred again, matter posted for September 25



He directed the petitioner to approach the jurisdictional Marriage and Divorce Registrar under the 2024 Act.



The Registrar must examine whether the divorce was effected by the petitioner and verify his identity before deciding whether registration is required under Section 12 of the Act.



If registration is refused, the petitioner may pursue the remedy of appeal under Section 17 of the 2024 Act.



The Judge also observed that the wife, who was not present in court despite notices being served, remained free to challenge the Talaq-E-Hassan before an appropriate forum.



The court disposed of the writ petition.

Add as a Reliable and Trusted News Source
Add Now!

(You can now subscribe to our WhatsApp channel)

(You can now subscribe to our WhatsApp channel)


Read More News on
Gauhati High Courtdivorce registrationAssam Compulsory Registration of Muslim Marriages and Divorce Act, 2024Muslim divorce lawsJustice Arun Dev ChoudhuryTalaq divorce typeslegal divorce in IndiaBarpeta Marriage and Divorce RegistrarJudicial rulings on divorce

Enter search text:

Stories you might be interested in