In a significant ruling, the Himachal Pradesh High Court clarified the scope of the Muslim Women (Protection of Rights on Marriage) Act, 2019, holding that the Act does not criminalize all forms of talaq but specifically targets those that are instantaneous and irrevocable, such as Talaq-e-Biddat (commonly known as Triple Talaq). The judgment, delivered by Justice Rakesh Kainthla on August 8, 2024, in Cr.MMO No. 1162 of 2022, emphasized that Talaq-e-Hasan, which is a staggered and revocable form of divorce, is not prohibited under the Act.
Background of the Case:
The case arose from an FIR registered against the petitioner, who had issued a series of notices of divorce (Talaq-e-Hasan) to his wife. The FIR, No. 23 of 2022, was filed on May 6, 2022, under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, at Police Station Dhanotu, District Mandi, Himachal Pradesh. The complaint alleged that the petitioner divorced his wife by pronouncing Triple Talaq on January 13, 2022, which the complainant contended was in violation of the Act. The petitioner sought to quash the FIR on the grounds that the form of talaq he had pronounced was Talaq-e-Hasan, a recognized and legal method under Muslim personal law.
Legal Issues Involved:
The central issue before the court was whether the pronouncement of Talaq-e-Hasan, which involves three separate pronouncements of divorce over successive menstrual cycles, is criminalized under the Muslim Women (Protection of Rights on Marriage) Act, 2019. The petitioner argued that the Act only criminalizes Talaq-e-Biddat, which is an instantaneous and irrevocable form of divorce, and not other forms like Talaq-e-Hasan.
Court’s Observations:
Justice Kainthla meticulously analyzed the provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and the various forms of talaq recognized under Muslim personal law. He referred to Section 2(c) of the Act, which defines “Talaq” as Talaq-e-Biddat or any other similar form of talaq that has the effect of instantaneous and irrevocable divorce. The court noted that the Talaq-e-Hasan method, being revocable and spread over a period, does not fall within this definition.
Quoting the court’s observation, Justice Kainthla stated, “The legislature has only prohibited Talaq-e-Biddat or any other similar form of Talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband.” He further emphasized that the notice issued by the petitioner on April 25, 2022, did not indicate an instantaneous and irrevocable divorce, and hence did not violate the provisions of the Act.
Decision:
The court dismissed the petition to quash the FIR, observing that while the Talaq-e-Hasan form of divorce is not criminalized under the Act, the truthfulness of the claims made in the FIR regarding the pronouncement of Triple Talaq is a matter to be determined at trial. The court held that it could not quash the FIR at this stage, as doing so would preempt the trial process. Justice Kainthla underscored that the trial court is the appropriate forum to assess the evidence and determine whether the allegations hold merit.
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Parties Involved:
– Petitioner: [Name Redacted], represented by Mr. M.A. Khan, Senior Advocate, with Ms. Hem Kanta Kaushal and Mr. Azmat Hayat Khan, Advocates.
– Respondent No. 1 (State of H.P.): Represented by Ms. Ayushi Negi, Deputy Advocate General.
– Respondent No. 2 (Wife of the Petitioner): Represented by Mr. Imran Khan and Mr. Ketan Singh, Advocates.
Case Number: Cr.MMO No. 1162 of 2022
