In a recent ruling, the Kerala High Court determined that unless the intent is to declare immediate and irrevocable talaq, it does not qualify as talaq-ul-biddat.
The petitioner had filed for the
dismissal of charges against him before the Judicial Magistrate First Class.
The respondent had accused him of violating
the Muslim Women (Protection of Rights on Marriage) Act, 2019 by uttering
instant and irrevocable talaq against her.
The petitioner argued that this was not a
case of instantaneous talaq or talaq-e-biddat of irrevocable nature.
He had pronounced talaq on three separate
days: 23/12/2021, 13/07/2022, and 16/10/2022.
The petitioner contended that this was
talaq-e-sunnat and is not illegal.
The respondent contended that this would make
the act talaq-ul-biddat and hence punishable by law.
The Court clarified that what is prohibited
under the act is talaq-e-biddat or any other talaq having the effect of
instantaneous and irrevocable divorce pronounced by a Muslim husband.
Talaq ahsan and talaq hasan are
forms of talaq-e-sunnat. The Court held that while talaq-ul-biddat is
criminalized by law, talaq-e-sunnat remains a valid form of divorce.
In talaq-e-sunnat, the husband has an
opportunity to reconsider his decision, and talaq does not become absolute
until a certain period has lapsed.
The Court held that if the petitioner
pronounces talaq-e-sunnat but it is found to be illegal for not fulfilling the
prerequisites, it does not become talaq-e-biddat.
Additionally, when a talaq-e-sunnat is
incomplete for not fulfilling the prerequisites, it does not automatically
become talaq-ul-biddat.
Case No: Crl.M.C. 6383 of 2023
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