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ANU SIVARAMAN, ANANT RAMANATH HEGDE
Shabnam Parvween Ahmad – Appellant
Versus
Nil – Respondent
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
Mubarat is a recognized form of Divorce under Muslim Personal Law, and Family Courts must accept such agreements for marriage dissolution.
Mubarat is a recognized form of divorce by mutual consent under Muslim Personal Law, and Family Courts are duty-bound to accept such agreements and declare the dissolution of marriage as agreed betwe....
A mutual consent divorce under 'mubaraat' in Muslim law is valid without a written agreement, affirming Family Court's jurisdiction to declare marital status under Section 7 of the Family Courts Act.
The main legal point established in the judgment is that the marriage between the parties already stood dissolved by way of Mubarat as per Muslim Law, as recorded in the settlement.
Mutual consent under Muslim Personal Law allows for divorce without judicial intervention if both parties agree, as established in the case.
(1) Family Court is competent to entertain suit seeking declaration regarding validity of marriage as also regarding matrimonial status of any person.(2) Dissolution of marriage by way of Mubaraat un....
The court affirmed that extra-judicial divorce via Mubaraat is valid and must be recognized by Family Courts, empowering them to declare marital status under Section 7 of the Family Courts Act.
Family Court only has to declare marital status by endorsing mubaraat invoking jurisdiction under Explanation (b) of Section 7(1) of Family Courts Act. Once a declaration of joint divorce invoking mu....
The Family Court has jurisdiction to declare the dissolution of a Muslim marriage under mutual consent, as established by ‘mubaraat’, even post legal dissolution.
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