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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y.KOGJE, N.S.SANJAY GOWDA
Seher, D/o. Mushtaque Mukadam, W/o. Minhajuddin M. Shaikh – Appellant
Versus
Minhajuddin Moinuddin Shaikh – Respondent
| Table of Content |
|---|
| 1. procedure of family appeal under the family courts act (Para 1 , 2) |
| 2. background and mutual agreement of parties on marriage dissolution (Para 4) |
| 3. legal options for divorce under muslim law (Para 5 , 6) |
| 4. court's recognition of valid divorce and family court's jurisdiction (Para 7 , 8) |
| 5. dissolution of marriage by mutual consent (Para 9 , 10 , 11) |
ORDER :
A.Y. KOGJE, J.
1. Present First Appeal is preferred under Section 19 of the FAMILY COURTS ACT , 1984 against judgment and decree dated 19-03- 2025 passed in Family Suit No.3012 of 2024 passed by the Family Court No.4 at Ahmedabad.
2. By the impugned judgment and decree, the plaint, which was filed for dissolution of Muslim marriage under Section 2 (ix) of the Dissolution of Muslim Marriages Act, 1939, came to be rejected under Order-7, Rule-11 of CIVIL PROCEDURE CODE , 1908. While doing so, the Family Court has concluded that the appellant-wife has not stated exact ground on which, she seeks dissolution and when marriage is already dissolved under Muslim Law, it is not permissible for the Family Court to pass decree of dissolution of the same marriage.
3. The Court has held that the Family Court is not for certi
The Family Court has jurisdiction to declare the dissolution of a Muslim marriage under mutual consent, as established by ‘mubaraat’, even post legal dissolution.
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.
(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 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 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....
Mutual consent under Muslim Personal Law allows for divorce without judicial intervention if both parties agree, as established in the case.
Mubarat is a recognized form of Divorce under Muslim Personal Law, and Family Courts must accept such agreements for marriage dissolution.
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