Civil Judge Cannot Validate Talaq in Declaratory Suit: Gauhati High Court
The Gauhati High Court has clarified that a civil judge does not have the power to dissolve a Muslim marriage or validate a talaq through a simple declaratory suit. For matters relating to divorce, the parties must approach the proper matrimonial court with jurisdiction.
The case involved a Muslim man who had approached a civil judge (junior division) seeking a declaration that his marriage stood dissolved based on a talaq pronounced by him. The civil judge accepted his plea and treated the marriage as dissolved.
However, this order was later challenged by the wife. A civil judge (senior division), acting as an appellate court, set aside the earlier decision, holding that the junior civil judge had no jurisdiction to grant divorce-related relief.
The husband then approached the High Court, arguing that he had only sought a declaration confirming the talaq, and not a formal decree of divorce.
Justice Mitali Thakuria, while dismissing the appeal, observed that the case was not merely about a declaration under the Specific Relief Act. In substance, the husband was seeking a decree of divorce, which a civil court of junior division is not empowered to grant.
The Court reiterated that disputes relating to marriage, divorce, or dissolution of marriage can be decided only by a Family Court under the Family Courts Act, 1984. In areas where a Family Court is not established, such matters fall within the jurisdiction of the District Court, which functions as the principal civil court for matrimonial cases.
The High Court agreed with the appellate court’s view that the order passed by the junior civil judge was a nullity due to lack of jurisdiction. Since the court itself lacked authority, there was no need to examine the merits of the case.
Accordingly, the High Court upheld the appellate court’s decision and directed the parties to approach the appropriate forum for any relief relating to divorce or talaq. The husband’s appeal was dismissed.
