I want to file for Muslim divorce through triple talaq in Kolkata, is this still valid after the 2019 law?
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Below is a comprehensive legal analysis based on Indian law for your question.
Triple talaq, specifically the instant form of talaq-e-biddat, has been declared unconstitutional and criminalised under the Muslim Women (Protection of Rights on Marriage) Act, 2019. In Kolkata and across India, pronouncing triple talaq in one sitting is now void and punishable with up to three years imprisonment. You cannot rely on this mode to dissolve your marriage, and any attempt to do so may expose you to criminal prosecution before the appropriate magistrate. The Calcutta High Court has consistently upheld that only talaq communicated in writing with a valid notice, or talaq through adjudication, carries legal recognition. For a lawful Muslim divorce you should follow talaq as per West Bengal Premises Tenancy Act 1997 and serve notice to your wife with an opportunity to settle through arbitration. You may also approach the family court in Kolkata for a judicial decree of divorce on recognised grounds under the Dissolution of Muslim Marriages Act, 1939.
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