The Gauhati High Court has drawn a clear line on who can decide matters of divorce and dissolution of marriage. In a Regular Second Appeal decided this week, the court dismissed a husband’s challenge to an appellate order that had nullified a trial court decree validating a talaq, holding that a Civil Judge (Junior Division) lacked jurisdiction to grant such relief.
Background of the Case
The dispute arose between Javed Pervez Choudhury and Begum Najifa Yasmin Choudhury. The husband had approached the Civil Judge (Junior Division), Hailakandi, seeking a declaration that the marriage stood dissolved through written talaq notices issued on three dates in 2023 and 2024.
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The trial court proceeded ex parte after notices were served on the wife and, by its judgment dated May 15, 2025, declared that the marriage stood dissolved and confirmed the written talaq.
However, the wife challenged this decree before the Civil Judge (Senior Division), Hailakandi. The appellate court set aside the decree solely on the ground of lack of jurisdiction, calling it a nullity, and granted liberty to the parties to approach the proper forum. Aggrieved, the husband carried the matter to the High Court under Section 100 of the Code of Civil Procedure.
Arguments Before the High Court
Counsel for the appellant argued that the suit was not for divorce but merely for a declaration that a talaq already given was valid. Relying on Supreme Court precedent, he submitted that a civil court’s jurisdiction is not barred when a party seeks a declaration of legal status under the Specific Relief Act.
On the other hand, counsel for the respondent countered that, despite its wording, the suit effectively sought and obtained a decree of divorce. Such matrimonial relief, he argued, could only be granted by a Family Court or, where none exists, by the District Judge not by a Civil Judge (Junior Division).
Court’s Observations
After examining the pleadings and the decree passed by the trial court, the High Court noted that the Civil Judge had not merely declared a legal status but had expressly dissolved the marriage and authenticated the talaq.
“The trial court, in the garb of a declaratory suit, has effectively granted a decree of divorce,” the bench observed, adding that such an exercise squarely falls within the domain of matrimonial jurisdiction.
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Justice Mitali Thakuria clarified that under the Family Courts Act, matrimonial disputes involving dissolution of marriage must be decided by the Family Court, and in its absence, by the District Judge as the principal civil court of original jurisdiction. A Civil Judge (Junior Division), the court held, does not have equivalent authority.
Decision
Upholding the appellate court’s view, the High Court ruled that the decree passed by the Civil Judge (Junior Division), Hailakandi, was without jurisdiction and therefore a nullity. Since the matter was rightly decided on jurisdiction alone, no discussion on merits was necessary.
Finding no error in the appellate order, the court dismissed the appeal and reiterated that the parties were free to approach the competent forum for appropriate matrimonial relief.
Case Title: Javed Pervez Choudhury v. Begum Najifa Yasmin Choudhury
Case Number: RSA/131/2025
