I want to file for Muslim divorce through triple talaq in Solapur, is this still valid after the 2019 law?
SW Asked by Swati Kulkarni from India
Quick Answer
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.
Detailed Legal Analysis
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 Solapur 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 Bombay 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 Maharashtra Rent Control Act 1999 and serve notice to your wife with an opportunity to settle through arbitration. You may also approach the family court in Solapur for a judicial decree of divorce on recognised grounds under the Dissolution of Muslim Marriages Act, 1939.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.