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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Hafizur Rahaman, S/o. Arfan Ali – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. R. Ali, the learned counsel appearing for the petitioner. Also heard Mr. A. Goyal, the learned counsel representing the Respondent No.2.
2. This is an application under Section 482 of the Criminal Procedure Code challenging the criminal proceedings of G.R. Case No.1317/2023 arising out of Tarabari P.S. Case No.72/2023 pending in a criminal court at Barpeta.
3. On 20.03.2023, 24.03.2023 and on 31.05.2023, the petitioner sent three notices to his wife the respondent no.2 declaring talaq. The respondent no.2 had lodged an FIR claiming that the aforesaid three talaqs are illegal according to law and therefore the present petitioner should be punished. Police registered the case under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
4. The petitioner has filed this petition under Section 482 of the CrPC stating that he had divorced his wife by giving three notices. According to the petitioner, the Supreme Court has banned Talaq-e-Biddat only not Talaq-e-Hasan.
5. I have considered the submissions made by the learned counsel of both sides.
6. Under the Muslim Law, the three modes of talak, the first one of Talaq-e-Ahsan. It
The court ruled that only Talaq-ul-Biddat is unconstitutional; other forms of talaq, such as Talaq-e-Hasan, remain valid if executed properly, stressing the need for trial court adjudication on factu....
The court concluded that the validity of talaq notices must be determined based on whether they adhered to lawful Islamic principles, affirming the illegality of instant triple talaq under current la....
The court held that the talaq pronounced was not instantaneous and irrevocable, thus not constituting an offence under the Act, as it failed to meet legal requirements.
The court established that the classification of talaq as instantaneous and irrevocable (talaq-e-biddat) is essential for attracting penalties under the Muslim Women (Protection of Rights on Marriage....
The court established that any talaq pronounced in a manner contrary to the provisions of the Muslim Women (Rights on Marriage) Act is void and illegal.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The court established that any form of Talaq pronounced by a husband under the 2019 Act is void and illegal, reinforcing the protection of women's rights in marriage.
Talaq by registered post – There cannot be common intention of pronouncement of Talaq – It would be abuse of process of law if matter is asked to be proceeded for offence punishable under Section 4 o....
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