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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, YOGENDRA KUMAR PUROHIT
Ayasha Chouhan W/o Shri Waseem Khan – Appellant
Versus
Waseem Khan S/o Shri Mohd Yusuf – Respondent
JUDGMENT :
Arun Monga, J.
1. Appeal herein is directed against a judgment dated 03.04.2025 (Annexure-3) rendered by learned Family Court, Merta. Vide impugned judgment the learned Family Judge in exercise of jurisdiction under Section 7 of the Family Courts Act, 1984, dismissed the Civil Suit filed by appellant wife seeking declaration that her marriage stands dissolved under Section 2 of Dissolution of Muslim Marriages Act, 1939.
2. At the outset, to invoke the old adage in converse, instant case is one where “miya biwi raazi, nahi maan rahaa qazi”. It transpires that both parties were/are unequivocally agreeable to dissolution of marriage and had consciously tendered their consent before the learned Trial Judge. Yet, the marriage was not dissolved. The learned Family Court evidently was persuaded with the principle that considerations of public interest must prevail over private consent. What appears to have also weighed with the learned Judge is that consent of parties, by itself, cannot sanctify an illegality.
3. No doubt, the legal position admits of no ambiguity i.e. even where parties are ad idem, the Court is duty-bound to subject the arrangement to the touchstone of legality.
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 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....
(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....
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.
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