Allahabad High Court Sets Aside Divorce Granted Under Non-Existent Law

The Allahabad High Court set aside a divorce decree granted to a Muslim woman, noting that the trial court had passed the order under a non-existent statute.

The Family Court had purportedly dissolved the marriage under the "Muslim Women Marriage Dissolution Act, 1986," a law that does not exist in India.

The Bench observed that the trial court likely confused the Dissolution of Muslim Marriages Act, 1939, with the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Court criticized the "casual approach" of the senior district judge and remanded the matter for a fresh judgment based on existing legal provisions.

[Hafij v. Parveen Khatoon]