Justice Vibha Kankanwadi and Justice Sanjay Deshmukh, Bombay High Court
Talaq-e-Ahsan Not Criminalized Under Triple Talaq Act: Bombay High Court Quashes FIR Against Muslim Man & Parents
|The FIR was filed against a Muslim man and his parents after he followed the valid Talaq-e-Ahsan procedure, with the wife alleging the divorce was irrevocable and illegal under the 2019 Act.
The Bombay High Court ruled that the Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalizes the practice of instant triple talaq, is applicable only to the specific form of talaq known as Talaq-e-Bidat—a form of instantaneous and irrevocable divorce.
This ruling was made while quashing an FIR and associated legal proceedings initiated against a Muslim man and his parents. The couple had entered into a marriage in 2022 and lived together in multiple cities across India. However, due to irreconcilable marital issues, the husband pronounced a single talaq in December 2023, in the presence of witnesses. He followed this by issuing a formal written notice, thereby initiating the Talaq-e-Ahsan procedure.
Under this method, there is a 90-day waiting period (iddat) post the pronouncement, during which reconciliation is possible. Since no resumption of cohabitation took place during this period, the divorce became effective under Islamic law.
Despite this, the wife approached the police, and an FIR was lodged accusing the husband and his parents of violating the 2019 Act. The complaint alleged that the divorce was "irrevocable" and hence should be treated as illegal under the provisions of the Act. She also claimed that her in-laws were complicit in the divorce decision and ought to be held criminally liable.
A Division Bench comprising Justice Vibha Kankanwadi and Justice Sanjay Deshmukh rejected the wife's arguments and quashed the FIR.
“When the facts are admitted and taking into consideration the law, what was prohibited was the Talaq-e-bidat and not Talaq-e-Ahsan, It would be an abuse of process of law, if the applicants are asked to face the trial and therefore, case is made out for quashment of the FIR and the proceedings,” the Court clarified.
The Court noted that even the contents of the FIR acknowledged that the husband had issued a single talaq followed by a formal notice and a 90-day period, thereby adhering strictly to the Talaq-e-Ahsan procedure.
The Bench said it would be an abuse of process of law if the applicants are asked to face a criminal trial for an act that is not even criminalized under the statute.
Addressing the allegations against the in-laws, the Court firmly stated that there can be no common intention involved in the pronouncement of talaq, thereby rendering Section 34 of the Indian Penal Code (dealing with common intention) inapplicable in such cases.
“There is no question of Section 34 of Indian Penal Code involved in such FIRs. There cannot be a common intention of pronouncement of Talaq,” the Court added.
The Court held that there was no legal ground to continue the criminal case. The FIR and all related proceedings were accordingly quashed.
Cause Title: Tanveer Ahmed & Ors v. State of Maharashtra & Anr., [2025:BHC-AUG:11620-DB]
Appearance:
Applicants: Advocate SS Kazi
Respondents: Additional Public Prosecutor AD Wange, Advocates Shaikh Mohammad Naseer A and Shaikh Mudassir Abdul Hamid