1. Muslim Law — Maintainability of divorce suit by Muslim husband — Whether barred under 1939 Act.

1. Muslim Law — Maintainability of divorce suit by Muslim husband — Whether barred under 1939 Act.

Held, the Dissolution of Muslim Marriages Act, 1939 provides grounds only for wives to seek judicial divorce, but does not exclude a Muslim husband from approaching a civil forum for dissolution of marriage. The Family Courts Act, 1984 fills this procedural vacuum. The trial court’s view that a husband has no remedy is erroneous. (Paras 1, 9, 10, 12, 15)

2. Family Courts Act, 1984 — Section 7 — Wide jurisdiction over matrimonial causes irrespective of personal law.

Section 7(1) Explanation (a) empowers Family Courts to entertain suits for dissolution of marriage, without distinction of caste or community. This statutory framework expressly permits adjudication of Muslim marital disputes, including petitions by husbands. (Paras 4, 10, 11)

3. Madhya Pradesh Family Court Rules, 1988 — Rule 9 — Inclusion of Muslim Personal Law matters.

Rule 9(2)(vii) explicitly recognises suits or proceedings arising under Muslim Personal Law, including the Shariat Act, 1937 and the 1939 Act. These rules affirm that dissolution proceedings by Muslim parties are maintainable before Family Courts. (Paras 5, 11, 12)

4. Muslim Personal Law (Shariat) — Section 2 — Covers multiple modes of dissolution — Recognises husband’s right to seek dissolution.

Section 2 of the Shariat Act includes talaq, ila, zihar, lian, khula and mubārat; therefore, dissolution is recognised as part of Muslim personal law for both genders. Civil courts may give effect to such rights through procedural machinery under the 1984 Act. (Paras 6, 12)

5. Constitutional principles — Access to justice — Muslim husband cannot be left remediless.

Rejecting the husband’s right to seek dissolution would violate constitutional morality: no person can be left without a judicial remedy. A construction that denies Muslim men access to courts for marital relief is impermissible. (Para 14)

6. Precedents — High Courts recognise maintainability of civil divorce actions by Muslim spouses.

Court relied on earlier MP High Court precedent (Aqeel Ahmed Khan v. Farzana Khatun, FA-1017/2022), which accepted civil dissolution based on settlement; and the Madras Division Bench judgment in Settu v. Reshma Sulthana (30-03-2021). These decisions affirm that Muslim spouses may seek civil divorce. (Para 13)

7. Trial court order held unsustainable — Suit maintainable — Matter remanded.

Trial court erred in dismissing husband’s divorce petition as non-maintainable. Judgment set aside; matter remanded for adjudication on merits. (Para 15)

8. Settlement possibility — Parties free to move for mutually agreed dissolution.

Court noted that respondent initially agreed to divorce for consideration; parties may move appropriate applications before the Family Court for dissolution by settlement. (Paras 16–17)

9. Directions to circulate judgment to all Family Courts.

Registrar General directed to circulate this ruling—clarifying maintainability of Muslim husbands’ divorce petitions—to all Family Courts. (Para 19)

Essence of the Ruling

A Muslim husband may maintain a civil suit / petition for dissolution of marriage before a Family Court. The Family Courts Act, 1984 and MP Family Court Rules, 1988 provide the procedural foundation; Muslim personal law provides substantive grounds. The contrary view that husbands lack any judicial remedy is unconstitutional and incorrect.