Muslim Husband Cannot Seek Declaration of Divorce Solely on Basis of Triple Talaq: MP High Court

The MP High Court has ruled that a Muslim husband cannot seek a judicial declaration of divorce solely on the basis of pronouncing triple talaq.

The Court observed that after the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, instant triple talaq has no legal recognition and cannot dissolve a marriage in the eyes of law.

It held that courts cannot grant declaratory relief validating a form of divorce that has already been declared void and illegal by statute.

The judgment came while dismissing a plea filed by a husband seeking recognition of divorce allegedly effected through triple talaq.

[Smt. Rubina Kavi v. Rizwan Ali]