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In a recent observation of Allahabad High Court, the bench has held that when the husband and wife have accepted a talaq in a muslim marriage, the talaq (divorce) will be termed as a khula talaq.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary noted that,

“if the parties belong to Muslim religion and if they have accepted the talaq then it would now be turned and termed to be a ‘khula talaq’ as per the Muslim Personal Law (Shariat) Application Act, 1937 and as per the Muslim Women (Protection of Rights on Divorce) Act, 1986.”

The petitioner contented that he “is facing commission of offence u/s 498-A, 494, 323, 504, 506 I.P.C., s.3 and 4 of the Dowry Prohibition Act, 1961 and s.3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019,”

Under Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the pronouncement of "triple talaq" by a Muslim husband upon his wife has been made void and illegal.

Also, u/s 4 the punishment is provided if the husband pronounces talaq upon his wife under s.3.

The petitioner, Mohd. Gufran along with his wife Huma stated before the Court that they want to bury their differences and that they have accepted the talaq.

The court taking into account the factual matrix in the present case it reiterated the position in the Supreme Court decision of Bitan Sengupta v. State of W.B., 2018.

The court also stated that,

“We do not opine whether it was a pressure technique or whether it was a genuine complaint. The parties have undertaken not to indulge in any litigation against each other in future.”

Hence, the petition was allowed and the complaint was quashed and set aside.

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