Headline
Himachal Pradesh High Court Rules Talaq-e-Hasan Not Criminal Under Muslim Women (Protection of Rights on Marriage) Act, 2019
Summary
The Himachal Pradesh High Court said those talaq that are instantaneous and irrevocable, such as Talaq-e-Biddat as provided under the Muslim Women (Protection of Rights on Marriage) Act, 2019 are criminalized .The Court refused to quash an FIR against a Muslim man, saying that the talaq that muslim man issued is revocable and did not violate the the Muslim Women (Protection of Rights on Marriage) Act.
Key Facts
- Name of the judge-Justice Rakesh Kainthla
- The petitioner asked to quash an FIR under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- The FIR alleged the man sent a written talaq notice to his wife on 25 th April 2022, but the Court found that the talaq was not instantaneous or irrevocable.
- The Himachal Pradesh High Court said that only Talaq-e-Biddat and talaqs similar to it are criminalized under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Legal Insights
The decision of the High Court of Himachal Pradesh confirms that Talaq-e-Hasan,is not criminalized under the Muslim Women (Protection of Rights on Marriage) 2019 Act as it is considered as a revocable form of divorce in Islamic law. The High Court found out that the FIR did not show that it is an instantaneous and irrevocable talaq, which would be required for the applicability of criminal provisions of this act to apply.
Impact
This ruling of the Himachal Pradesh High Court provides a legalized clarity, ensuring that Islamic procedures followed by the Muslim men for revocable talaq are not wrongfully prosecuted under Muslim Women (Protection of Rights on Marriage) 2019.
Why It Matters
It helps in protecting lawful Islamic practices while upholding the intent of Muslim Women (Protection of Rights on Marriage) 2019 Act to prevent instantaneous and irrevocable divorces, ensuring that the law is applied in a fair and correct manner.
Source:
