Gauhati HC: Talaq-E-Hassan Is a Valid Form of Divorce; Registration Must Be Sought Under 2024 Act
The Gauhati High Court has held that Talaq-E-Hassan is a valid and recognised form of Talaq and is not prohibited under law.
The Gauhati High Court has held that Talaq-E-Hassan is a valid and recognised form of Talaq and is not prohibited under law.
“The Courts below have rightly invoked Section 48 TPA to hold that the transfer prior in time shall have an overriding effect over the transfer which is later in time.”
“An incapacity for a second marriage for a certain period does not have the effect of treating the former marriage as subsisting. This settled position in law would suffice to reject the argument of the husband that the second marriage was void since it was bigamous in nature.”