Madhya Pradesh High Court Quashes Family Court's Dismissal of Divorce Suit

Court Criticizes Unjust Dismissal Without Evidence, Orders Restoration for Proper Adjudication

In a significant ruling, the Madhya Pradesh High Court has overturned a Family Court's decision to dismiss a divorce suit under Order VII Rule 11 of the Code of Civil Procedure (CPC). The appellate judgment, delivered by a bench comprising Justices Vivek Rusia and Binod Kumar Dwivedi, emphasizes the necessity of framing issues and recording evidence before dismissing such suits, especially when notice of divorce has not been duly served.

The case involves Smt Irshad, who appealed against a Family Court's order that dismissed her suit for divorce against her husband, Hasmatullah Khan. The couple's marriage, solemnized in 1976, faced turmoil when Khan performed a second marriage in 1987. The core of the dispute lies in a notice of divorce allegedly sent by Khan, which the Family Court considered effective despite Irshad not receiving it.

The Family Court had dismissed the suit on May 2, 2023, stating that the marriage was dissolved by the notice of divorce, obviating the need for a formal decree. However, the High Court strongly criticized this approach, noting that the dismissal was premature and lacked adherence to due process, as no issues were framed or evidence recorded.

The High Court's decision restores the original suit for divorce, directing both parties to appear before the Family Court in Jhabua on November 4, 2025, for further proceedings. The ruling underscores the importance of a fair adjudication process, ensuring that both parties have the opportunity to present evidence and arguments.

This judgment highlights the judiciary's commitment to uphold procedural integrity in matrimonial disputes, particularly in cases involving sensitive issues like the dissolution of marriage under Muslim law.

Bottom Line:

Family Court cannot dismiss a suit for divorce under Order 7 Rule 11 of CPC without framing issues and recording evidence, especially when the notice of divorce has not been duly served.

Statutory provision(s): Family Courts Act, 1984 Section 19(1), Code of Civil Procedure, 1908 Section 96, Order 7 Rule 11, Muslim Law on Dissolution of Marriage

Smt Irshad v. Hasmatullah Khan, (Madhya Pradesh)(Indore)(DB) : Law Finder Doc Id # 2804383