Talaq-e-Ahsan Not Punishable Under Muslim Women Act, 2019, Quashed FIR Against Muslim Man : Bombay High Court

Talaq-e-Ahsan Not Punishable Under Muslim Women Act, 2019, Quashed FIR Against Muslim Man : Bombay High Court

  • Case Name: Tanveer Ahmed and Ors v State of Maharashtra

The Bombay High Court has ruled that the Muslim Women Protection of Rights on Marriage Act, 2019, applies only to instant triple talaq (Talaq-e-Bidat), not the traditional Talaq-e-Ahsan.

A bench quashed an FIR against a Muslim man who had divorced his wife using Talaq-e-Ahsan, a valid Islamic method involving a 90-day waiting period. The same is still a legal means for divorce under Islamic law.

The Court held the FIR was a misuse of law, affirming that Talaq-e-Ahsan doesn’t violate the Act and that in-laws can't be prosecuted for a divorce decision solely decided by the husband.

HC Judgment / 8 months ago

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