Srinagar, August 20, 2025 – The Jammu & Kashmir and Ladakh High Court recently dismissed a petition seeking to quash an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, against a man accused of pronouncing instant triple talaq via a mobile message to his wife [Shabir Ahmad Malik vs. Union Territory of Jammu & Kashmir]. Justice Javed Iqbal Wani, in his order, stated that pronouncing Talaq-e-Biddat (instant and irrevocable talaq) through verbal, written, or electronic means is illegal and punishable by up to three years in prison with a fine under the 2019 Act.Meanwhile, the Bombay High Court clarified that the 2019 Act, which criminalizes instant triple talaq, applies only to Talaq-e-Biddat and not to the traditional divorce method known as Talaq-e-Ahsan [Tanveer Ahmad & Others vs. State of Maharashtra]. The Bombay High Court also quashed an FIR against a Muslim man and his parents, emphasizing that the law prohibits only instant triple talaq.

Talaq-e-Ahsan vs. Triple Talaq: Key Differences Talaq-e-Ahsan (The Preferred and Proper Method) Process: The husband pronounces "talaq" once (verbally or in writing), followed by a waiting period called iddat (three menstrual cycles or three months). Vogaan Men's Polo Shirt and Shorts Set | Summer Fashion Short Sleeve Solid Zipper 2 Pieces Outfits for Men

Significance: During the iddat period, the husband can reconsider and revoke the decision, allowing the possibility of resuming marital life (revocable). This method is considered peaceful and allows time for thoughtful decision-making.

Triple Talaq (Talaq-e-Biddat) Process: The husband pronounces "talaq" three times in a single instance (e.g., "talaq, talaq, talaq"). This form of instant and irrevocable divorce is deemed illegal in India under the 2019 Muslim Women (Protection of Rights on Marriage) Act. also read:"Shame is not enough on you" Anurag Kashyap on Producer of AI-Generated Film Chiranjeevi Hanuman: what is the reason?https://www.insightrush.news/article/68a57a4596b405963bb2c122#google_vignette

Significance: It is considered an improper and hasty method, leaving no room for reconciliation, and is now a punishable offense.

Case Context: In the Kashmir case, the accused’s attempt to quash the FIR was rejected, reinforcing that instant triple talaq via electronic means, such as a mobile message, violates the 2019 Act.

The Bombay High Court’s ruling clarified that Talaq-e-Ahsan, which follows a structured and revocable process, is not covered under the prohibition, highlighting the legal distinction between the two forms of divorce.