Muslim Male Can Seek Divorce Through Family Court Under Family Courts Act, 1984: Madhya Pradesh HC

Summary of the Judgment

Case: Mohammad Shah v. Smt. Chandani Begum
Court: High Court of Madhya Pradesh, Gwalior Bench
Coram: Hon’ble Justice Anand Pathak & Hon’ble Justice Hirdesh
Case Number: First Appeal No. 1199 of 2022
Judgment Date: 7th January 2025

Background of the Case:

1. Mohammad Shah (appellant) and Smt. Chandani Begum (respondent) were married on 19-10-2007 as per Muslim rites. They had four children.
2. The appellant alleged that the respondent was in an illicit relationship with a relative, Sharafat Shah, and eventually eloped with him along with one child and valuables.
3. The appellant filed for divorce on grounds of adultery and desertion.
4. The Family Court, Datia, dismissed the suit on the ground that a Muslim male cannot seek dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939.
5. Aggrieved by this, the appellant filed an appeal under Section 19 of the Family Courts Act, 1984.

Key Legal Issues:

1. Whether a Muslim male can file for divorce under the Family Courts Act, 1984.
2. Whether the Family Court erred in dismissing the suit for divorce as non-maintainable.

Court's Observations and Decision:

1. Maintainability of the Divorce Suit:

   • The court held that Section 7 of the Family Courts Act, 1984 grants jurisdiction to Family Courts to adjudicate on marital disputes, including dissolution of marriage, irrespective of personal laws.
   • Section 7(1)(d) of the Family Courts Act, 1984 allows courts to entertain suits or proceedings arising out of marital relationships, which includes Muslim marriages.
   • Rule 9 of the Madhya Pradesh Family Court Rules, 1988 also recognizes suits related to Muslim Personal Law, including the Muslim Personal Law (Shariat) Application Act, 1937, and the Dissolution of Muslim Marriages Act, 1939.

2. Right of a Muslim Male to Seek Divorce Through Court:

   • While Section 2 of the Dissolution of Muslim Marriages Act, 1939 explicitly provides grounds for a Muslim woman to seek divorce, no such statutory provision exists for a Muslim male.
   • However, the court emphasized that a Muslim male has the right to seek judicial divorce through Family Courts Act, 1984 instead of relying solely on extra-judicial divorce (Talaq).
   • The court cited constitutional morality, emphasizing that no individual should be left without a legal remedy.

3. Reliance on Precedents:

   • The court referred to Aqeel Ahmed (Khan) v. Smt. Farzana Khatun (First Appeal No. 1017 of 2022), where the Madhya Pradesh High Court entertained a similar divorce plea by a Muslim male.
   • It also referred to Settu v. Reshma Sulthana (C.M.A. No. 2192 of 2017, Madras High Court), which acknowledged a Muslim male’s right to seek dissolution of marriage through courts.

Final Decision:

• The Family Court’s order was set aside.
• The case was remanded back to the Family Court for adjudication on merits.
• The appellant was allowed to pursue his divorce suit before the trial court.
• The judgment was circulated to all Family Courts in Madhya Pradesh for uniform application of law.

Relevant Provisions & Case Laws Cited:

1. Family Courts Act, 1984
   • Section 7(1)(d): Jurisdiction of Family Courts over disputes arising out of marital relationships.
2. Muslim Personal Law (Shariat) Application Act, 1937
3. Dissolution of Muslim Marriages Act, 1939
   • Section 2: Grounds for Muslim women to seek divorce.
4. Madhya Pradesh Family Court Rules, 1988
   • Rule 9(2)(vii): Recognition of cases arising under Muslim personal law.
5. Case Laws:
   • Aqeel Ahmed (Khan) v. Smt. Farzana Khatun (2022, MP High Court)
   • Settu v. Reshma Sulthana (2017, Madras High Court)

Conclusion:

This judgment recognizes a Muslim male’s right to seek judicial divorce under the Family Courts Act, 1984, ensuring no party is left remediless. It sets a precedent for similar cases, providing clarity on the jurisdiction of Family Courts in matters concerning Muslim marriages.