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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANJUM NAYYAR – Appellant
Versus
YAVAR EHSAN – Respondent
| Table of Content |
|---|
| 1. details of the marriage and grounds for dissolution. (Para 1 , 2 , 3) |
| 2. arguments for recognition of mubaraat under law. (Para 5 , 6 , 7) |
| 3. court's power to declare dissolution of marriage. (Para 8 , 10 , 11 , 12 , 13 , 14) |
| 4. citations from other judgements supporting the case. (Para 16 , 17) |
| 5. final judgment and directions for family court. (Para 18 , 19 , 20) |
JUDGMENT :
REKHA PALLI, J.
1. The present appeal under Section 19 of the Family Courts Act, 1984 (the Act) seeks to assail the judgment dated 19.11.2022 passed by the learned Family Court in M.L. No. 11 of 2022. Vide the impugned judgment, the learned Family Court has dismissed the joint petition filed by the appellant and the respondent seeking a decree of dissolution of their marriage in terms of the declaration made by the parties on 24.01.2020 by way of the joint affidavit filed by them as also their prayer for a decree of declaration to the effect that the agreement/declaration dated 24.01.2020 was binding on the parties.
2. As per the brief factual matrix emerging from the record, the marriage between the appellant and the respondent was solemnized on 10.07.1997 at Jamia Nagar, New Delhi as per Muslim Ri
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.
(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....
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....
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.
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.
The Family Court can declare a divorce based on mutual consent without requiring original documents, and no limitation applies to such declarations.
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