JUDGMENT :

This appeal is preferred against the judgment dated 21.04.2022 of the Principal Judge, Family Court, Bengaluru in O.S.No.184/2021.

2. The parties had approached the Court seeking a declaration of the marriage dated 07.04.2019 solemnized between the parties at Nand Garden, Karbala, Allahabad, Uttar Pradesh as per Mohammedan rites and customs is dissolved vide the Deed of Mubarat dated 03.04.2021.

3. The Family Court however had held that the dissolution of the marriage through Mubarat is one of the mode of dissolution of the marriage but the mutual consent petitions for the dissolution of the Mohamadan marriage is not contemplated under the provisions of the Dissolution of Muslim Marriages Act, 1937. Therefore, the suit was found to be not maintainable and the same was dismissed.

4. Smt. Suzanne Maria Vaz, learned counsel appearing for the appellants submits that the parties are Sunni Muslims and they have entered into Mubarat agreement with their free consent, knowing fully well the consequences thereof. It is submitted that under the provisions of the Dissolution of Muslim Marriages Act, 1937 and Muslim Personal Law (Shariat) Application Act, 1939 read with Section 7 of the