Only Family Courts Can Decide Talaq and Divorce, Not Civil Judges: Gauhati High Court

The Gauhati High Court has reaffirmed that a civil judge (junior division) cannot assume jurisdiction over matters that effectively result in dissolution of marriage, holding that a decree validating talaq, even if couched as a declaratory relief, falls squarely within the realm of matrimonial jurisdiction reserved for family courts or, in their absence, district courts.

A single bench of Justice Mitali Thakuria dismissed a regular second appeal filed by Javed Pervez Choudhury, who had challenged the order of the Civil Judge (Senior Division), Hailakandi, setting aside an ex parte decree of divorce granted in his favour.

The dispute arose from a matrimonial suit instituted by Choudhury before the Civil Judge (Junior Division), Hailakandi, in 2024. In his suit, the husband asserted that his marriage with Begum Najifa Yasmin Choudhury, solemnised in July 2021, stood dissolved through talaq-e-hasan. He claimed to have issued three written talaq notices to his wife on November 12, 2023, December 17, 2023, and January 30, 2024. According to him, despite service of these notices, the wife did not resume cohabitation, thereby completing the process of talaq under Muslim personal law.

The husband sought a declaration that the talaq was valid and further prayed for confirmation of the written divorce, effectively seeking a judicial declaration that the marital tie had come to an end. The wife did not appear before the trial court despite service of notice, and the matter proceeded ex parte. After recording evidence, including examination of five witnesses, the trial court decreed the suit on May 15, 2025, declaring that the marriage stood dissolved by talaq and confirming the written divorce.

This decree was challenged by the wife before the Civil Judge (Senior Division), Hailakandi. The appellate court, without examining the merits of the talaq, set aside the decree on June 25, 2025, holding that the civil judge (junior division) lacked jurisdiction to entertain and decide a matter that effectively resulted in dissolution of marriage. The appellate court declared the decree a nullity and granted liberty to the parties to approach the appropriate forum.

Before the high court, the husband contended that he had not sought a decree of divorce but only a declaration confirming a talaq already pronounced, which, according to him, could be entertained by a civil court under Section 34 of the Specific Relief Act. He relied on Supreme Court precedent to argue that civil court jurisdiction is not barred in suits seeking declaration of legal character.

The wife, however, maintained that the suit, though styled as declaratory, resulted in a decree dissolving the marriage and therefore squarely fell within the domain of matrimonial jurisdiction, which could only be exercised by a family court or, in its absence, by the district judge.

The high court agreed with the appellate court’s reasoning. It noted that despite the label of a declaratory suit, the trial court had conclusively dissolved the marriage and authenticated the talaq under its seal and signature. This, the court held, went beyond a mere declaration of legal character and amounted to granting a decree of divorce.

The bench reiterated that matrimonial disputes involving dissolution of marriage must be decided by the family court under the Family Courts Act, 1984, and where no family court exists, by the district judge as the principal civil court of original jurisdiction. A civil judge (junior division), the court held, does not possess such jurisdiction.

Finding no error in the appellate court’s decision, the high court dismissed the appeal, affirming that the trial court decree was a nullity due to lack of jurisdiction and leaving the parties free to seek appropriate relief before the competent forum.

Case Title: Javed Pervez Choudhury Vs. Begum Najifa Yasmin Choudhury

Order Date: January 8, 2026

Bench: Justice Mitali Thakuria