Gauhati HC holds Talaq-E-Hassan valid form of divorce, directs registration under 2024 Assam law
The Gauhati High Court held that Talaq-E-Hassan is a valid form of divorce and directed the petitioner to seek registration under the 2024 Assam law. It said the Registrar must verify whether the divorce was effected, while the wife may still challenge it before an appropriate forum.
- Sep 11, 2026,
- Updated Sep 11, 2026, 4:17 PM IST
The Gauhati High Court has held that Talaq-E-Hassan is a valid form of divorce and is not prohibited in India, while directing a petitioner to approach the 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 passed the order on Tuesday while hearing a writ petition concerning the registration of a divorce pronounced through Talaq-E-Hassan.
According to the petitioner, he married in 2016, but his wife left the matrimonial home in 2018 following differences between them. He said attempts at reconciliation failed.
The petitioner subsequently pronounced Talaq-E-Hassan on three separate dates — March 22, April 26 and May 27, 2026 — and approached the concerned authority for registration of the divorce.
The state, however, submitted that the earlier legislation of 1935 had been repealed and that the authority appointed under that law no longer had the power to register the divorce.
The High Court observed that the Talaq-E-Hassan pronounced by the petitioner was a valid form of Talaq and was not prohibited in the country.
However, the court declined to direct the former Barpeta authority to register the divorce, noting that the 1935 law had been repealed and the post created under it had been abolished.
The court directed the petitioner to approach the jurisdictional Marriage and Divorce Registrar under the 2024 Act.
The Registrar was directed to examine whether the divorce had in fact been effected by the petitioner and verify his identity before deciding whether registration was required under Section 12 of the Act.
The court said that if registration was refused, the petitioner could pursue an appeal under Section 17 of the 2024 Act.
The judge also observed that the petitioner's wife, who did not appear before the court despite notices being served, remained free to challenge the Talaq-E-Hassan before an appropriate forum.
The court accordingly disposed of the writ petition.