The present revision has been filed challenging the order dated

11.04.2026 passed by the Family Court thereby rejecting the application under Order 7 Rule 11 CPC. The application was filed for rejecting the

petition filed for declaration of divorce before the Family Court.

2. Learned counsel for the applicant-wife has submitted that the respondent-husband has filed a suit before the Family Court whereby declaration of divorce has been sought on the assertion that there is a Fatwa issued by Darul-Ifta Masajid Committee, Bhopal on 22.10.2024 and in terms of the aforesaid Fatwa the declaration of dissolution of marriage be granted. It is argued that such Darul dafa Masjid Committee Bhopal has no authority to grant divorce and therefore no declaration can be granted on such Fatwa

Signature Not Verified

Signed by: NAVEEN KUMAR

SARATHE

Signing time: 05-08-2026

16:31:51

NEUTRAL CITATION NO. 2026:MPHC-JBP:58928

2 CR-503-2026 of the said seminary. By relying on the aforesaid Fatwa (Annexure P-4) it is argued that the said Fatwa only mentions from Islamic texts that in what circumstances divorce can be sought and this Fatwa only mentions what the Islamic scriptures provide in such situation and this is not a divorce granted by the said seminary and no declaration can be sought on the basis of such

Fatwa.

3. Per contra, learned counsel for the respondent has vehemently argued that the suit is maintainable and also that there is a prayer made in the plaint of declaration of divorce and otherwise also a divorce petition is

maintainable.

4. This Court has heard learned counsel for the rival parties at length.

5. In the application filed before the Family Court under Order 7 Rule

11 CPC something different has been stated by the present applicant-wife and it has been stated therein that the suit has been filed under Dissolution of Muslim Marriages Act, 1939 and under the said provision only females have a right to seek divorce and Muslim men have no right to seek divorce. However, at the time of hearing of the present revision a different point has

been argued that the suit for declaration of divorce is not maintainable. 6. This Court has gone through the plaint and in the plaint indeed it is

found that suit has been filed for declaration of divorce and relief has been sought that on the basis of Fatwa dated 29.10.2024, the decree of declaration

of divorce be granted.

7. This Court has gone through the said Fatwa and the said Fatwa nowhere mentions divorce to be granted and indeed any seminary cannot

Signature Not Verified

Signed by: NAVEEN KUMAR

SARATHE

Signing time: 05-08-2026

16:31:51

NEUTRAL CITATION NO. 2026:MPHC-JBP:58928

3 CR-503-2026 grant any divorce to a Muslim male. The said Fatwa only mentions the provisions in the Islamic scriptures which give guidance in such situation when there is cruel conduct of the wife which was queried by the present

applicant to the Darul-dafa Masajid Committee, Bhopal.

8. So far as the maintainability of suit for divorce is concerned, the question is no longer res integra. It has been held by a Division Bench of this Court in F.A. No.1199 of 2022 that the divorce petitions are maintainable and by interpretation of Dissolution of Muslim Marriages Act, 1939, it cannot be said that Muslim men cannot file petitions for divorce. The Division Bench in the aforesaid case has interpreted Section 7(d) of Family

Courts Act, 1984. The Division Bench held as under:

"10. Section 7 of the Act of 1984 falls under Chapter III which contemplates jurisdiction. Section 7(1)(Explanation)(d) of Act of 1984 contemplates that a suit proceeding which can be entertained by Family Court if the said suit or proceeding is for an order or injunction in circumstances arising out of a marital relationship. Since this provision does not distinguish on the basis of Caste and Community, therefore, it is all pervasive in n