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V. K. JADHAV, SANDIPKUMAR C. MORE
Shaikh Taslim Shaikh Hakim – Appellant
Versus
State Of Maharashtra – Respondent
ORDER
1. Heard finally with the consent of learned Counsels for the parties at the admission stage.
2. The applicant/accused is seeking quashing of FIR bearing Crime No.514 of 2021, registered with Police Station Nanalpeth, Parbhani for the offences punishable under sections 498(A), 323, 504, 506 of the Indian Penal Code and also consequential charge-sheet bearing RCC No. 178 of 2022, pending before the Judicial Magistrate, First Class, Parbhani, on the ground that the parties have arrived at amicable settlement.
3. Learned Counsel for the applicant submits that applicant - husband and respondent No.2 - wife got separated by mutual consent and accordingly approached the Family Court, Parbhani for declaration of their matrimonial status in terms of provisions of section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 read with section 7(1)(b) Explanation (b) of the Family Courts Act, 1984. By judgment and order dated 09.03.2022 learned Judge of the Family Court at Parbhani had allowed the petition and declared their status as they are no more husband and wife in terms of the mutual agreement between them. It is further agreed between the parties that the applicant-husband
The court applied the guidelines for quashing criminal proceedings based on settlement and interpreted the Muslim Personal Law to declare the marriage status as dissolved by mutual consent.
The court emphasized the importance of considering the nature and gravity of the crime, and the impact on society, when deciding to quash criminal proceedings based on settlement, as outlined in the ....
Mutual consent under Muslim Personal Law allows for divorce without judicial intervention if both parties agree, as established in the case.
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.
(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.
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