Bombay HC: Whether husband can be prosecuted under the provisions of Muslim Women (Protection of Rights on Marriage) Act 2019 if he has given Talaq-e-Ahsan to his wife ?

 Section 4 of the said Act provides for pronouncement of Talaq. Any muslim husband, who pronounces Talaq referred to in Section 3upon his wife shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. For this purpose, we will have to consider the definition given in Section 2(c) of word ‘Talaq’. The said Section 2(c) defines word ‘Talaq’ means ‘Talaq-ebiddat’ or any other similar form of Talaq having the effect of instantaneous or irrevocable divorce pronounced by the Muslimhusband. Section 3 provides any pronouncement of Talaq by a Muslim husband upon his wife, by words, either spoken or in electric form or in any other manner whatsoever, shall be void and illegal. Therefore, for Section 3 also the definition that has been given in Section 2(c) of the said Act will have to be considered. Once again, if we consider Section 2(c) of the said Act, then Talaq means Talaq-e-biddat or any other form of Talaq, which is having instantaneous effect or irrevocable effect of the pronouncement. All other forms of Talaq were not prohibited or barred and, therefore, the Single Bench of Kerala High Court has, therefore, considered Talaq-e-Ahsan and Talaq-e-Hasan as well as Talaq-e-biddat.Talaq-e-biddat in short was the practice of pronouncement of triple Talaq i.e. thrice the words to be uttered, “I divorce you” at one go. Certainly, we are required to consider the three Judge Bench decision in Zohara Khatoon (Supra) which has been taken note of i.e. paragraph No.22 thereof in the Coordinate Bench decision in Shaikh Taslim Shaikh Hakim (Supra), wherein three distinct modes of bringing a Muslim marriage to dissolution were considered. Here, we cannot consider only the irrevocable effect. What has been described in the definition of Talaq is instantaneous and irrevocable. Here, in the FIR itself, respondent No.2 has stated that the notice which applicant No.1 had given on 28.12.2023, had stated that what was given to her was Talaq-e-Ahsan i.e. one pronouncement of Talaq. Even the statements of witnesses are on the same line. In the charge-sheet itself, the copy of the said notice dated 23.12.2023 has been given wherein it is written that he was pronouncing one Talaq i.e. Talaq-e-Ahsan as per Shariyat. Thereafter, it appears that the final Talaqnama has been given on 24.03.2024, wherein it was mentioned that after 23.12.2023 within 90 days, neither respondent No.2 had resumed cohabitation and there was no resumption of physical relations between them. The legal effect of Talaq-e-Ahsan has come into play. 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. {Para 7}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.2559 OF 2024

Tanveer Ahmed s/o Sadik Patel Vs The State of Maharashtra

CORAM : SMT. VIBHA KANKANWADI &

SANJAY A. DESHMUKH, JJ.

PRONOUNCED ON : 23 APRIL 2025

Citation: 2025:BHC-AUG:11620-DB

 (Per Smt. Vibha Kankanwadi, J.) 

Read full Judgment here: Click here.

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