Triple Talaq for Muslims equivalent to mutual consent provision of the Hindu Marriage Act?


Customary Triple Talaq is used to get divorce by quick court proceedings
Customary Triple Talaq is used to get divorce by quick court proceedings


In a recent case of the Gujarat High Court, a Muslim couple separated by a quick proceeding.

The facts of the case are- Rashida Rassiwala married Mr. Abbas Lativala in 2002 and the couple separated in 2011, consensually, and the husband even remarried after the divorce. Both applied to the family court for the decree of divorce where Justice Gokani rejected the appeal because of which the case went to the High Court.

Justice Pardivala was the hon’ble Judge in this case. Both the parties have agreed that the divorce happened and they have applied for official decree and for other documents. They have also requested for a quick trial as they have mutually agreed and there is no dispute. This method was adopted by the parties as the provision similar to the mutual consent in HMA is absent in that of Muslim Personal Law.


About the Author

Mansi Chhaya
I have always believed that life is about challenging oneself and living outside one’s comfort zone. From the very beginning, my focus has been on trying to develop myself holistically. Be it music or national exams, I have tried my hand at everything I could without the fear of failure. A consistent high performer, I have been regularly looked upon as a high perform and have also been recognized as the Student of the Year. As I get a deeper understanding of the Law, I wish to use my knowledge to ensure justice for the people who deserve it and create more awareness among the general public about the importance and relevance of law in day-to-day life.

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