The court dismissed the plea to quash the FIR. (for representative filing)
The Himachal Pradesh High Court has clarified that the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizes Talaq-e-Biddat (popularly known as triple talaq) or similar forms of talaq having the effect of instant and irrevocable divorce, and Not otherwise recognized by Muslim personal law
Citing judgments of the Supreme Court and other high courts, the Himachal Pradesh High Court (HC) recently held that while Talaq-e-Biddat is unconstitutional and illegal, other forms of talaq are still valid under Muslim personal law.
The Himachal Pradesh High Court has clarified that the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizes Talaq-e-Biddat (popularly known as triple talaq) or similar forms of talaq having the effect of instant and irrevocable divorce, and Not other forms recognized by Muslim personal law.
Justice Rakesh Kainthla, presiding over the court, noted that Muslim law recognizes various modes of talaq, including Talaq-e-Ahasan and Talaq-e-Hasan, which are different from Talaq-e-Biddat and are therefore not criminalized. Talaq-e-Ahsan involves a declaration of divorce made during the period of purity (tuhr) and can be revoked during Iddat, while Talaq-e-Hasan involves three declarations made during consecutive tuhr. Both forms allow reconciliation and are not immediately considered irrevocable.
The court noted: “The Muslim Women (Protection of Rights on Marriage) Act, 2019 does not penalize the pronouncement of talaq-e-sunnat in Ahsan form or Hasan form. Talaq-e-hasan or talaq-e-sunnat under the Muslim Personal Law ”, ahsan is legal and valid.
The high court made the observations while hearing a petition seeking to quash an FIR registered against a Muslim man under Section 4 of the Act. The man (the applicant) issued a written notice of divorce to his wife on April 25, 2022, claiming that this was a violation of the Act. The petitioner argued that his notification did not constitute Talaq-e-Biddat but a different form of talaq which was not punishable under the Act.
The court held that the petitioner's written notice did not fall within the definition of Talaq-e-Biddat under Section 2(c) of the Act, which provides that only forms of talaq leading to instant and irrevocable divorce are punishable. The Court held that the notice given by the petitioner did not constitute an immediate or irrevocable divorce.
Citing previous judgments, including the judgment of the Kerala High Court in Saheer v. State of Kerala (2023) and the judgment of the Supreme Court in Shayara Bano v. Union of India (2017), these The judgment confirmed that only Talaq-e- Biddat is unconstitutional and illegal, while other forms of talaq remain valid under Muslim personal law.
“Muhammad's law does not prescribe a single mode of Talaq but multiple modes and in these modes the legislature has only prohibited Talaq-e-Biddat or any other similar form of Talaq with instant and irrevocable divorce declared by the Muslims. Effect. Ultimately, the court concluded that the FIR did not disclose any offense under the Act as the notification in question was not Talaq-e-Biddat.
The court, however, noted that while special jurisdiction is exercised under Section 482 of the Code of Criminal Procedure (Cr.PC) (under which an application for quashing of the case is filed), mini-trials or engagement of evidence in a particular case are not allowed. Detailed assessment.
The court dismissed the plea, saying the chargesheet had been filed and the competent court had taken cognizance of the matter. It further stated, “This Court is unable to comment on the veracity of the statement, which is a question for trial to be determined by the learned trial Court.”
Therefore, the petition for quashing of FIR was dismissed.
