Only instant triple talaq is prohibited and not the traditional method of divorce called ‘Talaq-e-Ahsan’, the Bombay High Court has said quashing a case lodged against a man and his parents on his wife’s complaint.
The definition of divorce under the Muslim Women (Protection of Rights on Marriage) Act only includes those forms of talaq which have an effect of instantaneous or irrevocable divorce, Justices Vibha Kankanwadi and Sanjay Deshmukh of the HC’s Aurangabad bench said on Wednesday.
The court quashed the case lodged in 2024 against the man and his parents on his wife’s complaint in Jalgaon under section 4 of the Muslim Women (Protection of Rights on Marriage) Act.
As per the section, any Muslim man who pronounces triple talaq, which is called Talaq-e-Biddat, to his wife shall be punished with an imprisonment up to three years.
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