Civil Judges cannot issue matrimonial decrees without jurisdiction; disputes must be addressed in Family Courts or District Courts when Family Courts are absent.

JUDGMENT :

MITALI THAKURIA, J.

Heard Mr. M.J. Quadir, learned counsel for the appellant. Also heard Mr. N. Haque, learned counsel for the sole respondent.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 25.06.2025 passed by the Learned Civil Judge (Sr. Div.), Hailakandi, in T.A. No. 09/2025, whereby the judgment & decree passed by the learned Civil Judge (Jr. Div.), Hailakandi in Matrimonial (D) Suit No. 18/2024 was set aside.

3. After hearing the appellant, this Court had framed the following substantial question of law:-

“Whether the learned lower appellate Court has rightly set aside the Judgment and Decree passed by the learned Civil Judge (Junior Division), Hailakandi, in Matrimonial (D) Suit No. 18/2024, on the ground of jurisdiction in the absence of jurisdictional Family Court?”

4. It is submitted by Mr. M.J. Quadir, the learned counsel for the appellant that the present appellant as a plaintiff had filed a Matrimonial (D) Suit before the learned Civil Judge (Jr. Div.), Hailakandi which was registered as the Matrimonial (D) Suit No. 18/2024, whereby it was prayed for a declaration of dissolution of marriage dated 25.07.2021, in the form of talaq along with a decree for confirmation of written divorce, executed and given by the appellant on 12.11.2023, 17.12.2023 and 30.01.2024 to the respondent, with further prayer for declaratory relief that the marriage between the appellant and the respondent is dissolved & freeing them from their marital tie.

5. Mr. Quadir, the learned counsel for the appellant further submitted that during pendency of the suit, the appellant had adduced five witnesses including himself and exhibited some documents.

6. After considering the evidence on record as well as the document adduced, the Learned Civil Judge (Jr. Div.), Hailakandi had passed the judgment dated 15.05.2025 with the following reliefs:

(i) that the marriage between the parties stands dissolved in the form of 'talaq'; and

(ii) that the written divorce/talaq executed by the appellant is hereby confirmed.

7. Mr. Quadir, the learned counsel for the appellant further submitted that notices were duly served upon the defendant/respondent but failed to appear before the learned Trial Court below and the case proceeded exparte. He further submitted that the learned Civil Judge (Jr. Div.), Hailakandi had made detail discussions on the following issues:

(i) Whether the marriage between plaintiff and defendant is dissolved upon talaq by the plaintiff?

(ii) Whether the plaintiff is entitled to the decree as prayed for?

8. Thereafter, considering the documents as exhibited by the appellant, wherein it has also been shown that he issued three (3) consecutive notices to the defendant/respondent but in spite of receiving those notices, she never returned to her matrimonial house and as per the requirement of ‘talaq e hasan’ and as such the divorce was already completed. Thereafter, the learned Civil Judge (Jr. Div.), Hailakandi had passed the decree, declaring that the marriage between the parties stands dissolved in the form of talaq and the written divorce/talaq, executed by the plaintiff was also confirmed.

9. Mr. Quadir, the learned counsel for the appellant further submitted that it is not a case of seeking any divorce before the learned Civil Judge (Jr. Div.), Hailakandi but it was case seeking declaration that the talaq which was given by the plaintiff in written form is valid and the wife can be considered as a divorced wife of the present appellant. Thus, the learned counsel submitted that there cannot be any bar to en