Muslim Men Can Seek Divorce Under Family Courts Act, 1984: Madhya Pradesh HC
The order was passed in an Appeal under Section 19 of the Family Courts Act, 1984, challenging a Family Court's order that dismissed the Appellant’s suit for divorce.

The Madhya Pradesh High Court clarified that while the Dissolution of Muslim Marriages Act, 1939, does not provide Muslim men with a legal mechanism to seek divorce, they can avail of Section 7 of the Family Courts Act, 1984, to seek dissolution of marriage.
The Bench of Justice Anand Pathak and Justice Hirdesh observed, “The procedure established by law is clear that a Muslim male can file a suit or proceeding for dissolution of marriage on the grounds available to him.”
The ruling came in an appeal under Section 19 of the Family Courts Act, 1984, challenging a Family Court's order that dismissed the appellant’s suit for divorce under Section 7 of the Act on grounds of adultery. The Family Court had held that suits for divorce under Muslim law at the instance of a male were not maintainable.
Advocate F.A. Shah appeared for the Appellant and Advocate Nitin Agrawal appeared for the Respondent.
The appellant's counsel argued that Section 7(1)(d) of the Family Courts Act enables Family Courts to hear suits or proceedings arising out of marital relationships. Additionally, Rule 9 of the Madhya Pradesh Family Court Rules, 1988, empowers courts to register suits arising out of Muslim personal laws, including the Shariat Act, 1937, and the Dissolution of Muslim Marriages Act, 1939.
Court's Observations
The High Court noted that while the 1939 Act provides Muslim women the right to seek divorce, it offers no corresponding remedy for men. However, Section 7(1)(d) of the 1984 Act and Rule 9 of the 1988 Rules allow Muslim men to approach Family Courts for divorce.
The Court relied on the precedent set in Aqeel Ahmed (Khan) vs. Smt. Farzana Khatun, which upheld the maintainability of suits for divorce filed by Muslim men under the Family Courts Act.
Emphasizing constitutional values, the Bench remarked, "Even the Constitutional Morality and its Spirit also mandates that no person can be rendered remediless. If the reasoning of trial Court would have been accepted then a muslim male would have been denied the valuable right to access justice or judicial forum to ventilate his grievances. This could never have been the Constitutional spirit, morality and Constitutional Vision of Justice."
The Court opined, "...trial Court erred in rejecting the application for dissolution of marriage on the ground of maintainability. Accordingly, the impugned judgment passed by the Family Court is here by set aside and matter is remanded back to the Family Court for adjudication."
Conclusion
The High Court set aside the Family Court’s decision, holding that it erred in rejecting the application for dissolution of marriage on the ground of maintainability. The matter was remanded to the Family Court for adjudication. "Since in the matter, judgment of the Family Court has already been set aside, therefore, parties are at liberty to appear before the trial Court because proceedings are found to be maintainable for dissolution of marriage. Parties are at liberty to move an appropriate application for dissolution of marriage and settlement before the trial Court," the Court ordered.
Cause Title: Mohammad Shah Vs. Smt. Chandani Begum [First Appeal No. 1199 of 2022]
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