Source: Bombay High Court 

Why in News? 

Recently, the bench of Justices Sanjay A. Deshmukh And Justices Smt. Vibha Kankanwadi has held that the Muslim Women (Protection of Rights on Marriage) Act, 2019 prohibits only Talaq-e-biddat (instant triple talaq) and does not bar divorce through Talaq-e-Ahsan, a valid traditional form under Islamic law. 

• The Bombay High Court held this in the matter of Tanveer Ahmed Patel v. State of Maharashtra, (2025).

What was the Background of Tanveer Ahmed Patel v. State of Maharashtra (2025) Case ? 

• The applicant husband and the respondent wife were married according to Muslim rites and customs on October 31, 2021, at Bhusawal, Jalgaon. 
• The couple initially resided with the husband's parents at Jalgaon for approximately two weeks before relocating to Belapur, Navi Mumbai, where the husband was employed. 
• From November 2021 to April 2022, the couple resided in Navi Mumbai until the respondent wife, who was pregnant, returned to her father's residence in Bhusawal. 
• On April 26, 2022, the husband took the wife to a hospital in Khargar for a medical checkup, where she underwent a sonography that revealed bleeding complications. 
• The wife was subsequently taken to Bhusawal by her father on 28th April, 2022, where a gynecologist advised 15 days of bed rest. 
• Without consulting the applicants, the wife terminated her pregnancy based on another doctor's advice. 
• On June 17, 2022, the wife and her brother were involved in an accident resulting in the wife suffering a serious head injury leading to brain hemorrhage, for which she received treatment at various hospitals until 27th December, 2022. 
• The husband was transferred to Bangalore in February 2023 and took his wife with him. 
• During Diwali when the husband's parents joined them in Bangalore, the wife allegedly misbehaved with them. 
• The situation deteriorated when the wife allegedly threatened to commit suicide if not permitted to return to her father's house. 
• Due to these irreconcilable differences, the husband pronounced Talaq-e-Ahsan (single divorce declaration) on 23rd December, 2023, in the presence of witnesses. 
• The husband subsequently sent a notice of Talaq by registered post on December 28, 2023. 
• Following the 90-day waiting period without cohabitation, the couple signed a Talaqnama on 24th March 2024. 
• On 15th April, 2024, the wife lodged an FIR against the husband and his parents under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and Section 34 of the Indian Penal Code. 
• The wife alleged that her husband had pronounced an irrevocable form of divorce prohibited under the 2019 Act.

What were the Court’s Observations? 

• The Court observed that the FIR was registered solely for the offence punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, with no allegations under Section 498-A of the Indian Penal Code. 
• The Court noted that Section 4 of the said Act is restricted to offences committed by the husband only, and therefore the father-in-law and mother-in-law cannot be included in such an offence. 
• The Court determined that Section 34 of the Indian Penal Code concerning common intention cannot be invoked in cases of Talaq pronouncement, as there cannot be a common intention in the pronouncement of Talaq. 
• The Court examined Section 2(c) of the said Act, which defines 'Talaq' as 'Talaq-e-biddat' or any other similar form of Talaq having the effect of instantaneous or irrevocable divorce pronounced by a Muslim husband. 
• The Court observed that the Act prohibits only those forms of Talaq that have both instantaneous and irrevocable effects, referencing the definition in Section 2(c). 
• The Court noted that as per the FIR itself, the respondent wife acknowledged that the notice dated December 28, 2023, stated that the husband had pronounced Talaq-e-Ahsan (single pronouncement of Talaq). 
• The Court recognized that witness statements also confirmed that the husband had pronounced Talaq-e-Ahsan, not Talaq-e-biddat. 
• The Court referred to the charge-sheet containing a copy of the notice dated December 23, 2023, wherein the husband stated he was pronouncing Talaq-e-Ahsan as per Shariyat law. 
• The Court acknowledged that the final Talaqnama was executed on March 24, 2024, after the 90-day waiting period during which there was no resumption of cohabitation or physical relations between the parties. 
• The Court held that what was prohibited under the Act was Talaq-e-biddat and not Talaq-e-Ahsan, and therefore allowing the applicants to face trial would constitute an abuse of the process of law. 

What is Talaq-e-Ahsan ? 

• Talaq-e-Ahsan is considered the most appropriate and approved form of divorce under Islamic law. 
• In Talaq-e-Ahsan, the husband pronounces a single declaration of divorce (talaq) to his wife during her period of purity (tuhr). 
• Following the single pronouncement, a waiting period (iddat) of approximately 90 days or three menstrual cycles begins. 
• During this waiting period, the divorce remains revocable, allowing the couple an opportunity for reconciliation. 
• If the husband-and-wife resume cohabitation or physical relations during the iddat period, the divorce is effectively revoked. 
• If no reconciliation occurs within the 90-day waiting period, the divorce becomes final and irrevocable upon the completion of iddat. 
• The Talaq-e-Ahsan method is designed to provide a cooling-off period that encourages reconciliation between the spouses. 
• Unlike Talaq-e-biddat (triple talaq), Talaq-e-Ahsan is not instantaneous and provides time for reflection and possible reunification. 
• The Muslim Women (Protection of Rights on Marriage) Act, 2019 does not prohibit or criminalize Talaq-e-Ahsan. 
• The Bombay High Court has recognized Talaq-e-Ahsan as a valid form of divorce under Islamic law that remains legal in India.