Madhya Pradesh High Court overturns ‘shocking’ divorce ruling in Muslim marriage case
The Indore bench of Madhya Pradesh High Court has recently overturned a decision by a family court in Jhabua. The high court has set aside an order that declared a marriage dissolved under Muslim law without a proper trial.
The case, Irshad vs Hasmatullah Khan, involved a husband, Irshad, who claimed to have sent a notice of divorce and later filed a suit seeking confirmation of the dissolution. On May 2, 2023, the family court dismissed Irshad's suit but simultaneously observed that the marriage was effectively dissolved as the wife had received information of the divorce notice through the plaint.
The high court, however, strongly criticised this approach. A division bench comprising Justice Vivek Rusia and Justice Binod Kumar Dwivedi termed the family court's action as 'shocking' and 'unsustainable in law'. The bench noted that Irshad was 'given an unjust benefit' merely because the wife appeared before the court and received the plaint. The court ruled that the trial judge took up the matter suo motu and granted relief that could only be given after framing issues and recording evidence.
The high court has quashed the family court's order, stating it was 'unsustainable in law'. The records have been directed to be sent back to the lower court immediately. This decision underscores the importance of proper trial procedures in divorce cases.
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