Advocates:
['ASHUTOSH ANAND', '', 'RISHI BHARATI', 'ANIL KR SINHA', '', 'NIRUPAMA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

First Appeal No. 14 of 2021

Mohammad Jawed

--- --- Appellant

Versus

Shagufta Tasnim

--- --- Respondent

…....

CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH

HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant

: Mr. Ashutosh Anand, Advocate

For the Respondent

: Mr. Anil Kumar Sinha, Advocate

05/25.11.2021

Heard learned counsel for the appellant Mr. Ashutosh Anand and

Mr. Anil Kumar Sinha representing the respondent.

2.

Appellant is the husband whose suit for dissolution of marriage

with the respondent wife under relevant provisions of the Mohammedan

Law has been dismissed by the judgment dated 27.01.2021 passed in

Original Suit No. 510 of 2020 by the court of learned Principal Judge,

Family Court, Ranchi. The learned Family Court, Ranchi after

consideration of the provisions of Mohammedan Laws governing the

case of the parties came to a conclusion that the suit for divorce filed on

the part of the husband is not maintainable. It also took note of decision

of the Division Bench of this Court dated 18.06.2018 passed in F.A. No.

187 of 2016 ( Md. Yusuf Vrs. Nasreen Begum) in which one of us

(Aparesh Kumar Singh, J.) was the member.

3.

Learned counsel for the appellant has not been able to dislodge

the findings rendered by the learned Family Court on the specific

grounds that none of the provisions under the Mohammedan Law

permits the husband to obtain a decree of divorce through a judicial

declaration, though other forms of divorce are available to the husband

to be exercised as per the conditions stipulated thereunder.

4.

Learned counsel for the respondent Mr. Anil Kumar Sinha has

also relied upon the decision of this Court in the case of Md. Yusuf

(supra) and submitted that the learned Family Court, Ranchi has rightly

held the suit to be not maintainable. It is also submitted that the decision

of this Court in the case of Md. Yusuf (supra) has been followed by

Division Bench of the High Court of Karnataka in Miscellaneous First

Appeal No. 200834/2019 (FC) dated 13.11.2019 passed in the case of

Zuber Vrs. Mahezabeen. Therefore, the appeal may be dismissed

without formally admitting it for hearing as there is no error in the

impugned judgment passed by the learned Family Court, Ranchi nor was

-2-

the suit maintainable on any lawful basis.

5.

We have considered submissions of learned counsel for the parties

and gone through the impugned judgment. The learned Family Court,

Ranchi has while considering the prayer of the appellant husband for

divorce taken into account the provisions of Mohammedan Law. The

learned Family Court has also relied upon the decision of this Court

rendered in the case of Md. Yusuf (supra), which squarely deals with the

present situation also. In the case of Md. Yusuf also the appellant

husband was aggrieved by the dismissal of the matrimonial suit seeking

divorce against the respondent wife under Section 307(3) of the

Mohammedan Law. The suit was dismissed on the ground of

maintainability by the learned Family Court holding that under Chapter-

16 of the Mulla’s Commentary on Mohammedan Law, Muslim husband

does not have right to approach the Court for a judicial divorce. This

Court upon consideration of rival submissions of the parties and the

provisions of the Mohammedan Law as under Chapter-16 of the Mulla’s

Commentary held that the suit for divorce on the part of the husband was

not maintainable under the provisions of the Mohammedan Law. For

better appreciation, the relevant extract of the judgment in the case Md.

Yusuf (supra) is quoted hereunder:

4. Learned Family Court discussed the provisions of

Mohammedan

Law

under

Chapter-16

of

the

Mulla’s

Commentary. It also referred to the provision of Section 307(3)

of the Mohammedan Law, which provides that the contract of

marriage under Mohammeda