Talaq is the unilateral dissolution of a Muslim marriage by the husband through a declaration of repudiation. Under Indian law, while the husband's right to pronounce talaq is recognised by the Muslim Personal Law (Shariat) Application Act, 1937, the practice of instant triple talaq (talaq-e-biddat) was struck down as unconstitutional by the Supreme Court in 2017 and criminalised by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Legal definition
The Muslim Personal Law (Shariat) Application Act, 1937 incorporates the Muslim personal law of talaq without codifying its specific forms. The Muslim Women (Protection of Rights on Marriage) Act, 2019, enacted following the Supreme Court's decision in Shayara Bano, provides:
Section 3: Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
Section 4: Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
The 2019 Act specifically targets talaq-e-biddat (instant triple talaq) while the valid forms of talaq — talaq-e-ahsan and talaq-e-hasan — continue to be governed by Muslim personal law. These valid forms require a waiting period and opportunity for reconciliation.
How courts have interpreted this term
Shayara Bano v. Union of India [(2017) 9 SCC 1]
A five-judge Constitution Bench of the Supreme Court, by a 3:2 majority, struck down the practice of talaq-e-biddat (instant triple talaq) as unconstitutional. Justice Rohinton Nariman, writing for the majority, held that talaq-e-biddat is "manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation to save it." The practice was held violative of Article 14 of the Constitution. The Court set aside talaq-e-biddat for a period of six months, directing Parliament to enact appropriate legislation, which resulted in the 2019 Act.
Shamim Ara v. State of U.P. [(2002) 7 SCC 518]
The Supreme Court held that for talaq to be effective, it must be preceded by attempts at reconciliation and must be pronounced for a reasonable cause. The Court held that a mere plea of talaq in a written statement in judicial proceedings, without prior pronunciation and without following the prescribed procedure, does not constitute a valid talaq.
Mohd. Ahmed Khan v. Shah Bano Begum [(1985) 2 SCC 556]
In this landmark judgment, the Supreme Court held that a Muslim woman who has been divorced through talaq is entitled to maintenance under Section 125 CrPC beyond the iddat period, if she is unable to maintain herself. The Court held that the right to maintenance is a statutory right that overrides personal law provisions.
Types of talaq
Muslim law recognises several forms of talaq, of which only the approved forms remain legally valid in India:
- Talaq-e-Ahsan (most approved): A single pronouncement of talaq during a tuhr (period of purity), followed by abstinence from sexual intercourse during the iddat period (three menstrual cycles). The talaq is revocable during the iddat period. This is the most favoured form.
- Talaq-e-Hasan (approved): Three pronouncements of talaq during three successive tuhrs, with no sexual intercourse during any of the three periods. The talaq becomes irrevocable upon the third pronouncement.
- Talaq-e-Biddat (instant triple talaq — STRUCK DOWN): Three pronouncements of talaq in one sitting or a single pronouncement of "talaq, talaq, talaq." This form was declared unconstitutional by the Supreme Court in Shayara Bano (2017) and criminalised by the 2019 Act.
Why this matters
The transformation of talaq law in India represents one of the most significant reforms in Muslim personal law. The Supreme Court's decision in Shayara Bano and the subsequent 2019 legislation fundamentally altered the position of Muslim women by eliminating the most arbitrary form of marital dissolution and providing criminal sanctions against its practice.
For Muslim men, the practical implication is that any pronouncement of instant triple talaq is now both void (having no legal effect) and criminal (punishable with imprisonment up to three years). The valid forms of talaq — talaq-e-ahsan and talaq-e-hasan — remain available but require adherence to the prescribed procedure, including a waiting period and opportunity for reconciliation.
For practitioners representing Muslim women, the 2019 Act provides three specific remedies: (1) the wife is entitled to a subsistence allowance determined by the Magistrate under Section 5; (2) the wife is entitled to custody of minor children under Section 6; and (3) the pronouncement of triple talaq is a cognizable and non-bailable offence, though compoundable at the instance of the wife with the permission of the Magistrate. The offence is cognizable only on a complaint by the wife or a blood relative.
Related terms
Broader concepts:
Related forms of dissolution:
Consequential:
Frequently asked questions
Is triple talaq still legal in India?
No. Instant triple talaq (talaq-e-biddat) was declared unconstitutional by the Supreme Court in Shayara Bano v. Union of India (2017) and criminalised by the Muslim Women (Protection of Rights on Marriage) Act, 2019. Any pronouncement of triple talaq is void and the husband is punishable with imprisonment up to three years.
What are the legal forms of talaq still available?
Talaq-e-ahsan (single pronouncement followed by iddat) and talaq-e-hasan (three pronouncements over three successive tuhrs) remain valid forms of Muslim divorce. Both require a waiting period and opportunity for reconciliation before the talaq becomes final.
Is a wife entitled to maintenance after talaq?
Yes. The Supreme Court in Shah Bano (1985) held that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC if she is unable to maintain herself. The Muslim Women (Protection of Rights on Marriage) Act, 2019 also entitles the wife to a subsistence allowance determined by the Magistrate. Additionally, the Daniel Latifi ruling clarified that the provision under the 1986 Act must be sufficient to provide for the wife's future needs.
Can talaq be pronounced via WhatsApp or email?
The 2019 Act covers talaq pronounced "by words, either spoken or written or in electronic form or in any other manner whatsoever." This expressly covers talaq by SMS, WhatsApp, email, or any other electronic medium, making such pronouncements void and criminal.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.