Bhopal/Jabalpur: The Madhya Pradesh High Court has held that no declaration of divorce can be granted solely on the basis of a Fatwa issued by a seminary, observing that such a Fatwa merely explains the position under Islamic scriptures and does not itself dissolve a marriage.
Allowing a civil revision petition filed by a woman, a single-judge Bench of Justice Vivek Jain rejected a plaint filed by her husband before the Family Court seeking a declaration of divorce on the strength of a Fatwa issued by the Darul-Ifta Masajid Committee, Bhopal.
The husband had approached the Family Court seeking a declaration that his marriage stood dissolved on the strength of a Fatwa dated October 29, 2024.
Opposing the plea, the wife contended that the seminary had no authority to grant divorce and that the Fatwa merely referred to the circumstances under Islamic law in which divorce could be sought.
Agreeing with the wife’s contention, the Madhya Pradesh High Court said that the Fatwa did not itself dissolve the marriage.
“This Court has gone through the said Fatwa and the said Fatwa nowhere mentions divorce to be granted and indeed any seminary cannot grant any divorce to a Muslim male,” Justice Jain said.
“The said Fatwa only mentions the provisions in the Islamic scriptures which give guidance in such situation when there is cruel conduct of the wife,” the order added.
The High Court said no declaration of divorce could be granted solely on the basis of such a Fatwa, observing that the husband had filed the suit under the misconception that a regular divorce petition was not maintainable.
While rejecting the suit seeking a declaration of divorce, the order clarified that a Muslim husband is not without a legal remedy and can institute a divorce petition before the Family Court in accordance with law.
Referring to an earlier Division Bench ruling, the High Court said the issue of maintainability of divorce proceedings by Muslim men is no longer res integra.
The earlier judgment had held that proceedings arising out of Muslim personal law are maintainable before Family Courts under Section 7 of the Family Courts Act, 1984, and that a Muslim male cannot be denied access to a judicial forum for dissolution of marriage.
In its order, the Madhya Pradesh High Court drew a distinction between seeking a decree of divorce under law and seeking a declaration based solely on a religious opinion.
“Suit seeking divorce is maintainable and no declaration of divorce can be given on the basis of Fatwa dated 29.10.2024,” Justice Jain held.
Holding that the plaint disclosed no valid legal cause of action, the High Court exercised its powers under Order 7 Rule 11 of the Code of Civil Procedure and rejected it.
“The plaint deserves to be rejected… as it does not disclose any valid cause of action having been filed to seek declaration of divorce on the basis of Fatwa dated 29.10.2024,” the order said.
At the same time, the High Court made it clear that its decision would not prejudice the husband’s right to pursue appropriate legal remedies.
“It is made clear that this order would not affect the right of the respondent-husband to file a newly constituted divorce petition before the Family Court and he would be having liberty to file such a divorce petition as per law,” the order said.
(IANS)
