Valid form of divorce ‘Talaq-E-Hassan’ to be registered under new law: Gauhati HC

The Gauhati High Court ruled that ‘Talaq-E-Hassan’ is a valid form of divorce which is not banned in the country and directed the petitioner to approach the Barpet Court Registrar of Marriage and Divorce to register his divorce.

The Gauhati High Court ruled that “Talaq-E-Hassan” is a valid form of divorce which is not prohibited in the country and directed the petitioner to approach the Judicial Registrar of Marriages and Divorces in Barpeta for registration of divorce under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.

Justice Arun Dev Choudhury passed the order on Tuesday (September 8, 2026) in a suit regarding registration of divorce declared through Talaq-E-Hassan.

According to the petitioner, he got married in 2016 and after disagreements, his wife allegedly left the matrimonial home in 2018, with attempts at reconciliation failing.

He subsequently pronounced Talaq-E-Hassan on three different dates – 22 March, 26 April and 27 May 2026. He then approached the relevant authority to register the divorce under applicable law.

The Petitioner contended that Talaq-E-Hassan was not prohibited and that the divorce was pronounced in accordance with his demands.

However, the state argued that the earlier 1935 legislation had been repealed and an authority appointed under that law could no longer register a divorce.

Justice Choudhury observed that Talaq-E-Hassan as pronounced by the petitioner is a valid form of Talaq and is not prohibited in the country as of today.

However, he refused to direct the erstwhile Barpet office to register the Talaqnama as the 1935 Act had been repealed and the post created under it had been abolished.

He directed the petitioner to approach the concerned Registrar of Marriages and Divorces under the 2024 Act.

The Registrar must review whether the divorce was effected by the petitioner and verify his identity before deciding whether registration is required under section 12 of the Act.

In the event of refusal of registration, the applicant may apply for a remedy pursuant to Section 17 of the 2024 Act.

The judge also observed that the wife, who was not present in the court despite being served with the notice, had the option to challenge the Talaq-E-Hassan before the appropriate forum.

The court settled the lawsuit.

Published – 11 Sep 2026 14:15 IST