THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

CIVIL REVISION PETITION No.4066 of 2025

ORDER:

This Civil Revision Petition is filed assailing the docket order

dated 01.11.2025 passed in OS.SR.No.962 of 2025 by the Junior Civil Judge at Peddapalli, wherein and whereby the suit filed by the petitioner herein is returned by the trial Court on the ground that the suit seeking a decree for dissolution of marriage by a Muslim male is not legally sustainable as per the Dissolution of

Muslim Marriages Act, 1939.

2. Heard Ms.Vladimeer Khatoon, learned counsel for the

petitioner and perused the record.

3. Learned Counsel for the petitioner would submit that the impugned order dated 01.11.2025 passed by the trial Court is contrary to Section 7 of the Family Courts Act, 1984, especially

Explanation-a of Section 7 of the Family Courts Act, 1984.

4. In support of her contention she relied on the Division Bench Judgment of Madhya Pradesh High Court in First appeal No.1199 of 2022 dated 07.01.2025 between Mohammad Shah v. Smt.Chandani Begum wherein the Division Bench of Madhya

Pradesh High Court held at para-10 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 nature. It is in line with the object of the Act of 1984 which reads as under:

“An Act to provide for the establishment of family Courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.”

5. The petitioner herein filed suit seeking decree for dissolution of marriage and the trial Court returned the suit by referring to Dissolution of Muslim Marriages Act, 1939 as per which only women married under Muslim Law shall be entitled to obtain decree for dissolution of marriage.

6. It is relevant to refer to Section 7 of the Family Courts Act which reads as under.

“7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation;

and (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:—

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;”

7. It is also relevant to refer to Rule-5 (d)(vii) of the High Court of A.P. Family Courts (Court) Rules, 2005 which reads as under;

“5. Institution of Proceedings:-

(d) The application may be filed before Family court as permitted under any law which also includes provisions contained in the following laws viz., (vii) Personal law applicable to Muslims including:

a) Muslim Personal Law (Shariat) application Act, 1937 (26 of 1937)

b) Dissolution of Muslim Marriages Act, 1939 (8 of

1939)

c) Muslim women (Protection of Rights on Divorce) Act, 1986 (25 of 1986)”

8. The Madhya Pradesh High Court in Mohammad Shah v.

Smt.Chandani Begum (supra 1) at para 12 further held that;

“12. Rule 9(2)(vii) is framed in respect of suit or proceeding arising out of personal law applicable to Muslim including the Shariat Act and the Act of 1939.