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Maha: Ban on only triple talaq not on Talaq-e-Ahsan

Maha: Ban on only triple talaq not on Talaq-e-Ahsan

Mumbai, Apr 24 (UNI) The Bombay High Court in its order said that under the law, only instant triple talaq — known as Talaq-e-Biddat -- is banned while traditional method of divorce known as Talaq-e-Ahsan is permissible.

The order was passed recently by the Aurngabad bench of the Bombay high court, consisting of Justices Vibha Kankanwadi and Sanjay Deshmukh, quashed a 2024 FIR (first information report) filed by a woman in Jalgaon against her husband and in-laws under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act.

This section criminalises instant triple talaq with punishment of up to three years in jail.

The court clarified that only those forms of Talaq which have an instantaneous and irrevocable effect fall under the purview of the law.

“Under the Act, what has been described in the definition of Talaq is instantaneous and irrevocable. Talaq means Talaq-e-Biddat or any other form of Talaq which has an instantaneous or irrevocable effect. All other forms of Talaq are not prohibited or barred,” the bench observed.

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