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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Shahid Ahmad – Appellant
Versus
Tahajiva – Respondent
JUDGMENT (Oral)
1. The Appeal under Section 19 of the Family Courts Act, 1984 has been preferred against the impugned Order/Judgment dated 18.04.2023 of the learned Judge, Family Courts dismissing the petition filed seeking the following relief:
"Pass a Decree of declaration thereby declaring the Divorce in between the petitioners by way of Mubarat (Mutual Consent) in terms of Section 2(ix) of the Dissolution of the Muslim Marriage Act, 1939 thereby dissolving the marriage between the petitioners".
2. The appellant and the respondent herein have filed a petition for dissolution of marriage under Section 2(ix) of the Dissolution of Muslim Marriage Act, 1939 by way of Mubarat (Mutual Consent). It is stated in the petition that the marriage between the parties was solemnized on 19.06.2019 according to Muslim rites and customs and no child was born from their wedlock. Due to the temperamental differences, disputes arose between the parties and they have been living separately since April, 2020. It is stated that the respondent had filed a FIR bearing No. 97/2021 under Sections 498A/406/34 IPC at P.S.Geeta Colony against the appellant and his family members. With the intervention of the fa
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....
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....
Mubarat is a form of divorce by consent of both parties which is well recognized in Muslim Personal Law.
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.
Mutual consent under Muslim Personal Law allows for divorce without judicial intervention if both parties agree, as established in the case.
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 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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