The Madhya Pradesh High Court has ruled that a Fatwa explaining religious principles cannot, by itself, form the legal basis for a court to declare a marriage dissolved. Setting aside the Family Court's order, the High Court rejected the husband's civil suit seeking a declaration of divorce founded solely on a Fatwa. At the same time, the Court clarified that the husband remains free to institute a fresh divorce petition before the Family Court in accordance with law.
Background of the Case
The matter arose from a civil revision challenging a Family Court order that had refused to reject the husband's plaint under Order VII Rule 11 of the Code of Civil Procedure. The husband had approached the Family Court seeking a declaration that his marriage stood dissolved on the strength of a Fatwa issued by the Darul-Ifta Masajid Committee, Bhopal.
The wife argued that the Fatwa neither granted a divorce nor empowered the seminary to dissolve a marriage. According to her, it merely referred to Islamic texts explaining circumstances in which divorce may be sought and therefore could not support a decree declaring the marriage dissolved.
Court's Observations
Justice Vivek Jain examined the Fatwa and found that it did not pronounce or grant a divorce. Instead, it only explained the relevant principles under Islamic scriptures in response to a query regarding marital disputes.
The Court observed,
"Any seminary cannot grant any divorce to a Muslim male."
It further noted that the Fatwa merely provided religious guidance and could not be treated as a legal instrument dissolving a marriage.
The Court also referred to an earlier Division Bench ruling holding that Muslim men are entitled to file divorce proceedings before Family Courts. Therefore, the husband's assumption that he required a declaratory decree based on a Fatwa was legally incorrect.
Court's Decision
Holding that the suit disclosed no valid legal cause of action, the High Court ruled that a declaration of divorce cannot be granted solely on the basis of the Fatwa dated 29 October 2024.
Accordingly, the Court allowed the civil revision and rejected the plaint under Order VII Rule 11 CPC. However, it expressly preserved the respondent-husband's liberty to file a properly constituted divorce petition before the competent Family Court in accordance with law.
Case Details
Case Title: S.N. v. S.S.A.
Case Number: Civil Revision No. 503 of 2026
Judge: Hon'ble Shri Justice Vivek Jain
Decision Date: 3 August 2026
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