Muslim Husband Can't Seek Declaration Of Divorce Solely On Basis Of 'Fatwa': MP High Court

The Madhya Pradesh High Court has held that a fatwa cannot form the basis for a decree declaring divorce of a Muslim couple. [2026 LiveLaw (MP) 315]

Justice Vivek Jain added that no seminary can grant divorce to a Muslim male. The bench thus rejected a Muslim man's suit seeking declaration of divorce solely on the basis of a fatwa issued by the Darul-Dafa Masajid Committee, Bhopal.

The Court however clarified that the husband would be at liberty to institute a regular divorce petition before the Family Court. It held,

"This Court has gone through the said Fatwa and the said Fatwa nowhere mentions divorce to be granted and indeed any seminary cannot grant any divorce to a Muslim male. The said Fatwa only mentions the provisions in the Islamic scriptures which give guidance in such a situation when there is cruel conduct of the wife, which was queried by the present applicant to the Darul-dafa Masajid Committee, Bhopal...However, it is made clear that this order would not affect the right of the respondent-husband to file a newly constituted divorce petition before the Family Court and he would be having liberty to file such a divorce petition as per law."

The development comes in a revision petition filed by the wife challenging the April 11, 2026 order of the Family Court, wherein her application seeking rejection of the husband's suit for a declaration of divorce was dismissed. 

The counsel for the wife argued that the husband had sought declaration of divorce based on a Fatwa. It was argued that the Masjid Committee has no authority to grant such a Fatwa. The counsel for the wife further argued that the said Fatwa only mentions Islamic Texts and lays down the circumstances wherein divorce could be sought. 

Examining the fatwa, the High Court found that it did not declare the marriage dissolved. Rather, it merely referred to Islamic scriptures providing guidance where allegations of cruelty by the wife are made. Accordingly, the Court held that a declaration of divorce could not be granted on the strength of such a fatwa.

On the question of maintainability of husband's suit, the Court referred to an earlier Division Bench judgment holding that Muslim men are also entitled to institute divorce proceedings before the Family Court and that the Dissolution of Muslim Marriages Act, 1939 does not bar such proceedings.

However, the Court observed that the husband appeared to have filed a suit for declaration under the mistaken belief that a divorce petition was not maintainable. Since a regular divorce petition is maintainable, it held that no declaration of divorce could be granted on the basis of the fatwa, and that the plaint disclosed no valid or legal cause of action.

Accordingly, the Court allowed the revision, rejected the plaint under Order VII Rule 11 CPC, and clarified that its order would not preclude the husband from filing a fresh divorce petition before the Family Court in accordance with law. 

Case Title: SN v SSA, CR-503-2026

Citation: 2026 LiveLaw (MP) 315

For Wife: Senior Advocate Imtiaz Husain with Advocate Afshan Ahmad 

For Husband: Advocates Sankalp  Kochar and Pramendra Singh Thakur

Click here to read/download the Order