Bhopal/Jabalpur, August 6, 2026 (Yes Punjab News)
The Madhya Pradesh High Court has ruled that a Fatwa issued by a religious seminary cannot, by itself, dissolve a marriage or form the sole basis for a court to declare a divorce, while clarifying that a Muslim husband remains free to seek dissolution of marriage through appropriate legal proceedings before a Family Court.
Allowing a civil revision petition filed by a woman, Justice Vivek Jain set aside a plaint filed by her husband before the Family Court, in which he had sought a declaration that their marriage stood dissolved on the basis of a Fatwa issued by the Darul-Ifta Masajid Committee, Bhopal, on October 29, 2024.
The husband had argued that the Fatwa established the dissolution of the marriage. The wife, however, contended that the seminary had no authority to grant a divorce and that the Fatwa merely explained the relevant provisions of Islamic law applicable in certain circumstances.
Accepting the wife’s submissions, the High Court observed that the Fatwa did not declare the marriage dissolved.
Justice Jain noted that the document only referred to provisions of Islamic scriptures offering guidance in situations involving alleged cruelty by the wife and did not itself grant divorce. The court held that no declaration of divorce could be issued solely on the strength of such a religious opinion.
The High Court further observed that the husband appeared to have proceeded under the mistaken belief that a regular divorce petition was not maintainable before a Family Court.
Referring to an earlier Division Bench judgment, the court reiterated that disputes arising under Muslim personal law are maintainable before Family Courts under Section 7 of the Family Courts Act, 1984. It emphasised that Muslim men have the right to seek dissolution of marriage through judicial proceedings in accordance with law.
Drawing a distinction between a statutory decree of divorce and a declaration based on a Fatwa, the court held that while a divorce petition is legally maintainable, a declaration of divorce cannot be granted merely on the basis of a religious opinion.
Finding that the plaint disclosed no valid legal cause of action, the High Court exercised its powers under Order VII Rule 11 of the Code of Civil Procedure and rejected it.
At the same time, the court made it clear that its decision would not prejudice the husband’s right to institute a fresh divorce petition before the competent Family Court in accordance with law.
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