Husbands can seek marriage dissolution in Family Courts despite absence of specific provisions in Dissolution of Muslim Marriages Act.

ORDER

The present Civil Revision Petition is filed challenging the returned docket order dated 24.04.2025 passed by the Family Court, Pudukottai in unnumbered O.S.No.... of 2025 and to direct the Family Court, Pudukottai to number the suit.

2.The petitioner and the respondent are husband and wife. The marriage between them was solemnized on 01.09.2013 as per the Muslim rights and customs and they were blessed with two children. Thereafter, there was a matrimonial dispute between them. Hence, the petitioner filed a divorce petition before the Family Court, Pudukottai. However, the said petition was returned directing the petitioner to file a suit before the competent civil Court. Aggrieved by the same, the present Civil Revision Petition is filed.

3.The learned counsel for the petitioner submits that the issue arises in this petition is no longer res integra in view of the judgment of this Court made in C.M.A.No.2192 of 2017 in the case of Settu vs. Reshma Sulthana , wherein this Court has held that every Family Court has vested with the jurisdiction to decide the family dispute under the Family Courts Act for dissolution of marriage. Hence, he submits that in view of the order passed by the Hon'ble Division Bench, this Court may direct the trial Court to number the Civil Revision Petition and proceed with the matter in accordance with law.

4.This Court has perused the order passed by the Hon'ble Division Bench of this Court reported in 2021 (5) CTC 527 in the case of Settu vs.

Reshma Sulthana, wherein this Court has held as follows:

“11.As the Family Court dismissed the case on the ground that the husband cannot invoke the Act, it is appropriate to consider the object of the Act. The object of Dissolution of Muslim Marriages Act, 1939 is usefully extracted hereunder:-

"Statement of Objects and Reasons.-There is no proviso in the Hanafi Code of Muslim law enabling a married Muslim woman to obtain a decree from the Court dissolving her marriage in case the husband neglects to maintain her, makes her life miserable by deserting or persistently maltreating her or absconds leaving her unprovided for and under certain other circumstances. The absence of such a provision has entailed https://www.mhc.tn.gov.in/judis/ unspeakable misery to innumerable Muslim women in British India. The Hanafi Jurists, however, have clearly laid down that in cases in which the application of Hanafi law causes hardship, it is permissible to apply the provisions of the "Maliki, Shafi's or Hambali law". Acting on this principle the Ulemas have issued fatwas to the effect that in cases enumerated in clause 3, Part A of this Bill a married Muslim woman may obtain a decree dissolving her marriage. A lucid exposition of this principle can be found in the book called "Heelatum Najeza" published by Maulana Ashraf Ali Sahib who has made an exhaustive study of the provisions of Maliki law which under the circumstances prevailing in India may be applied to such cases. This has been approved by a large number of Ulemas who have put their seals of approval on the book."

British Regime passed "the Dissolution of Muslim Marriages Act, 1939 " only to give relief to muslim women who are all undergoing untold misery and harassment in the hands of the Husband. As there was no other Act available for them, the above Act was passed. From the object of the Act, it is very clear that it is only intended for muslim women.

12.However, the instant case on hand would show as to how the Husband is being harassed by wife not only by her conduct but also by non- participation in the case. Inspite of following the Muslim religious practices/methods by the appellant by giving Ex.P.3/Khazi Notice, Ex.P5/First talaq Notice dated 05.05.2016, Ex.P.7/Second talaq Notice dated 04.06.2016 and Ex.P.8/Third talaq Notice dated 12.07.2016, t