A Muslim husband may seek judicial divorce, but no declaration can issue solely on a Fatwa.

The respondent-husband instituted proceedings before the Family Court seeking a declaration of divorce on the basis of a Fatwa issued by the Darul-Ifta Masajid Committee, Bhopal.

The petitioner-wife filed an application under Order VII Rule 11 CPC, contending that the Committee lacked authority to grant a divorce and that, under the Dissolution of Muslim Marriages Act, 1939, only a Muslim woman could seek dissolution of marriage.

The Family Court rejected the application on 11 April 2026, leading to the present civil revision.

The High Court examined the plaint and the Fatwa, noting that the Fatwa merely referred to Islamic scriptural principles concerning marital cruelty and did not itself grant a divorce.

Whether a suit seeking a declaration of divorce on the basis of the Fatwa issued by the Darul-Ifta Masajid Committee, Bhopal disclosed a valid and legally enforceable cause of action?

Whether a Muslim husband can institute divorce proceedings before the Family Court, notwithstanding the petitioner-wife’s reliance on the Dissolution of Muslim Marriages Act, 1939?

Whether the plaint was liable to be rejected under Order VII Rule 11 CPC?

The Court applied Order VII Rule 11 CPC, under which a plaint may be rejected where it does not disclose a cause of action.

It relied on Section 7(1), Explanation (d), of the Family Courts Act, 1984, which confers jurisdiction over suits or proceedings concerning orders or injunctions arising out of a marital relationship, without distinguishing between communities.

Rule 9(2)(vii) of the Madhya Pradesh Family Court Rules, 1988 recognises suits or proceedings arising from Muslim personal law, including proceedings under the Muslim Personal Law (Shariat) Application Act, 1937 and the Dissolution of Muslim Marriages Act, 1939.

Relying on the Division Bench decision in F.A. No. 1199 of 2022, as well as Aqeel Ahmed (Khan) v. Smt. Farzana Khatun, F.A. No. 1017 of 2022, the Court held that a Muslim husband is not barred from instituting divorce proceedings before the Family Court and that the Dissolution of Muslim Marriages Act does not render such proceedings non-maintainable.

However, a religious seminary or committee has no legal authority to grant a divorce or issue a decree capable of being judicially declared; a Fatwa merely expressing religious guidance cannot, by itself, constitute a legally enforceable divorce.

The Court distinguished between the maintainability of a properly constituted divorce proceeding and the respondent’s specific claim for a declaration based on the Fatwa.

Although the petitioner was incorrect in asserting that a Muslim husband could not file divorce proceedings, the plaint as framed did not seek adjudication of legally recognised grounds for divorce; it sought a declaration founded solely on the Fatwa.

On examination, the Fatwa did not purport to dissolve the marriage and merely stated the relevant principles from Islamic scriptures concerning cruelty by a wife.

Since the issuing Committee lacked authority to grant a divorce, no valid legal consequence could flow from the Fatwa and the Family Court could not grant a declaration of divorce on that basis.

Consequently, the plaint disclosed no valid or legal cause of action and attracted rejection under Order VII Rule 11 CPC.

The Court clarified that the respondent was not barred from filing a properly constituted divorce petition before the Family Court in accordance with law, and expressly preserved that liberty.