Overview

• The Bombay High Court ruled that the Muslim Women (Protection of Rights on Marriage) Act, 2019, applies only to instant triple talaq (Talaq-e-Biddat) and not to Talaq-e-Ahsan, a traditional Islamic divorce method.
• A 2024 FIR filed in Jalgaon against a man and his parents under Section 4 of the Act was quashed as the divorce followed the lawful Talaq-e-Ahsan process, including a 90-day waiting period.
• The court emphasized that Talaq-e-Ahsan, which involves a single pronouncement followed by a waiting period, does not constitute an instantaneous or irrevocable divorce as defined under the Act.
• The bench ruled that continuing legal proceedings in such cases would constitute an abuse of the legal process, particularly since the FIR lacked any allegations of harassment under the Indian Penal Code.
• This clarification comes as the Supreme Court continues its broader constitutional review of the Act, including its enforcement and data transparency requirements.