Triple talaq (talaq-e-biddat) is the practice of a Muslim husband divorcing his wife by pronouncing "talaq" three times in a single sitting, which was declared unconstitutional by the Supreme Court in 2017 and criminalised by the Muslim Women (Protection of Rights on Marriage) Act, 2019. Under Indian law, any pronouncement of instant triple talaq — whether spoken, written, or in electronic form — is void and illegal, and the husband is punishable with imprisonment of up to three years.
Legal definition
The Muslim Women (Protection of Rights on Marriage) Act, 2019, enacted following the Supreme Court's ruling 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 Act further provides that the wife is entitled to a subsistence allowance determined by the Magistrate (Section 5), the wife is entitled to custody of minor children (Section 6), and the offence is cognizable only upon a police report, information, or complaint made by the married Muslim woman or any person related to her by blood or marriage (Section 7). The offence is compoundable at the instance of the wife, with the permission of the Magistrate.
How courts have interpreted this term
Shayara Bano v. Union of India [(2017) 9 SCC 1]
A five-judge Constitution Bench, by a 3:2 majority, struck down the practice of talaq-e-biddat as unconstitutional. Justice Rohinton Nariman, writing for the majority, held that instant triple talaq is "manifestly arbitrary" because "the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation." The practice was held violative of Article 14. Justice Kurian Joseph concurred that talaq-e-biddat is not integral to Islam and has no sanction in the Quran, making it un-Islamic and therefore not entitled to constitutional protection.
Saira Bano v. Union of India [Writ Petition (C) No. 1159/2021]
Challenges to the constitutionality of the Muslim Women (Protection of Rights on Marriage) Act, 2019 were filed, questioning whether criminalising a practice already declared void amounts to excessive legislative response. These challenges remain pending before the Supreme Court, with the 2019 Act continuing in full force.
Shamim Ara v. State of U.P. [(2002) 7 SCC 518]
Even before Shayara Bano, the Supreme Court had held that talaq must be preceded by attempts at reconciliation and pronounced for a reasonable cause. A bare assertion of talaq without following prescribed procedure was held to be ineffective.
Why this matters
The abolition of triple talaq represents one of the most significant reforms in Muslim personal law in post-independence India. For decades, Muslim women lived under the threat of instant, irrevocable divorce — pronounced without warning, without reason, and without any opportunity for reconciliation. The Shayara Bano judgment and the subsequent 2019 Act fundamentally transformed this position.
The criminalisation aspect is particularly noteworthy. Unlike most matrimonial remedies which are civil in nature, the 2019 Act makes triple talaq a criminal offence punishable with up to three years imprisonment. This was deliberate — the legislature concluded that merely declaring the practice void would be insufficient to deter it and that criminal sanctions were necessary for effective enforcement.
For practitioners, three practical aspects deserve attention. First, the offence is cognizable only on the complaint of the wife or a blood relative, preventing third-party misuse. Second, the offence is compoundable at the wife's instance with the Magistrate's permission, giving the wife control over whether to pursue criminal prosecution. Third, despite the pronouncement being declared void, wives are entitled to subsistence allowance and child custody under the 2019 Act — meaning the Act provides affirmative relief alongside criminal penalties.
The valid forms of talaq — talaq-e-ahsan (single pronouncement followed by iddat) and talaq-e-hasan (three pronouncements over three successive tuhrs) — remain legally available and are unaffected by the 2019 Act.
Related terms
Broader concepts:
Related forms of dissolution:
Consequential:
Frequently asked questions
Is triple talaq a criminal offence in India?
Yes. Under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, any Muslim husband who pronounces instant triple talaq is punishable with imprisonment up to three years and a fine. The offence is cognizable only on a complaint by the wife or a blood relative, and it is compoundable at the wife's instance with the Magistrate's permission.
Is a marriage dissolved if triple talaq is pronounced?
No. Under Section 3 of the 2019 Act, any pronouncement of instant triple talaq is "void and illegal" — it has no legal effect whatsoever. The marriage subsists despite the pronouncement. The husband's pronouncement exposes him to criminal prosecution but does not dissolve the marriage.
Can triple talaq be pronounced via WhatsApp or SMS?
The 2019 Act covers pronouncements "by words, either spoken or written or in electronic form or in any other manner whatsoever." This expressly includes talaq by WhatsApp, SMS, email, or any electronic medium. Such pronouncements are void and criminal.
What remedies does the wife have after a triple talaq pronouncement?
Under the 2019 Act, the wife is entitled to: (1) a subsistence allowance determined by the Magistrate (Section 5); (2) custody of minor children born from the marriage (Section 6); and (3) the right to file a criminal complaint. Additionally, since the marriage subsists, she retains all rights as a married woman, including the right to claim maintenance under Section 125 CrPC.
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.