Overview

• The Bombay High Court quashed a 2024 FIR against a Muslim man and his parents, ruling that the case was based on Talaq-e-Ahsan, which is not barred by the Muslim Women (Protection of Rights on Marriage) Act.
• The court clarified that the Act criminalizes only Talaq-e-Biddat, an instantaneous and irrevocable form of divorce, while traditional methods like Talaq-e-Ahsan are permissible.
• In the case, the man pronounced Talaq-e-Ahsan in December 2023, with the final divorce taking effect after a mandatory 90-day period without cohabitation.
• The judges stated that the FIR could only apply to the husband under the Act, and including the man's parents in the case constituted an abuse of legal process.
• This ruling highlights the ongoing judicial interpretation of the 2019 Act, as the Supreme Court continues its broader review of the law's constitutionality and enforcement.