Gauhati HC upholds Talaq-E-Hassan, directs registration under Assam 2024 law
Gauhati High Court holds Talaq-E-Hassan valid and not prohibited, directing a petitioner to seek registration under the Assam Compulsory Registration of Muslim Marriages and Divorce Act, 2024.
The Gauhati High Court has held that Talaq-E-Hassan is a valid form of divorce and is not prohibited in the country, while directing a petitioner to seek registration of his divorce before the jurisdictional Marriage and Divorce Registrar at Barpeta 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 writ petition concerning the registration of a divorce pronounced through Talaq-E-Hassan.
According to the petitioner, he married in 2016. Differences arose between the couple, and his wife is said to have left the matrimonial home in 2018. Efforts at reconciliation did not succeed.
The petitioner subsequently pronounced Talaq-E-Hassan on three separate dates — March 22, April 26 and May 27, 2026. He then approached the authorities for registration of the divorce under the applicable law.
He argued that Talaq-E-Hassan was not prohibited and that the divorce had been pronounced in accordance with its requirements. The State, however, contended that the earlier 1935 legislation had been repealed and that the authority appointed under that law could no longer register the divorce.
Justice Choudhury observed that the Talaq-E-Hassan as pronounced by the petitioner is a valid form of Talaq and is not prohibited in the country as of today.
The court, however, declined to direct the earlier Barpeta authority to register the Talaqnama, noting that the 1935 law had been repealed and the post created under it had been abolished. The petitioner was instead directed to approach the jurisdictional Marriage and Divorce Registrar under the 2024 Act.
The Registrar must examine whether the divorce was effected by the petitioner and verify his identity before deciding whether registration is required under Section 12 of the Act. If registration is refused, the petitioner may pursue the remedy of appeal under Section 17 of the 2024 Act.
The Judge also observed that the wife, who was not present in court despite notices being served, remained free to challenge the Talaq-E-Hassan before an appropriate forum. The court disposed of the writ petition.