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.
“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.”
The Supreme Court held that a wife pursuing her professional career and living separately for her child’s welfare cannot amount to cruelty or desertion.
“Insisting upon continuation of a marriage which exists only in law, and not in substance, would amount to compelling the parties to endure a relationship devoid of any matrimonial foundation, thereby causing avoidable hardship rather than advancing the object of the statute.”
“The continued mistrust of the husband creates an atmosphere of humiliation, fear and emotional suffering and such conduct makes it unreasonable to expect the wife to continue living with him and the wife is entitled to live with dignity and freedom through the remedy of divorce.”