Fazil Mohamed Farook vs. Fathima Shafka Lahir – CA LTA 04/2023-2025

In the matter of Fazil Mohamed Farook vs. Fathima Shafka Lahir, the court addressed the issue of whether a Quazi Court erred in granting a ‘Mubarah’ divorce when a ‘Fasah’ divorce was sought based on matrimonial fault, and whether the Board of Quazis correctly ordered a fresh inquiry. The court held that the Quazi Court’s failure to adhere to mandatory procedural requirements for a ‘Fasah’ divorce justified the Board of Quazis’ decision to set aside the ‘Mubarah’ divorce and remit the case for a proper inquiry. This decision reaffirmed the principle that specific procedural and evidential burdens must be met for ‘Fasah’ divorces under Section 28(1) of the MMDA. This case relied on the Muslim Marriage and Divorce Act, emphasizing the distinction between ‘Fasah’ and ‘Mubarah’ divorces and th