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VIVEK KUMAR BIRLA, SYED QAMAR HASAN RIZVI
Hasina Bano – Appellant
Versus
Mohammad Ehsan – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
On the application for condonation of delay
As per the report submitted by the Registry, the present appeal under Section 19 of the Family Court Act, 1984 is barred by limitation as the same has been preferred by the appellant beyond 148 days of the prescribed limitation period. The cause of delay as explained by the appellant in the present application for condonation of delay duly supported by an affidavit is found satisfactory. The learned counsel appearing on behalf of the respondent has no objection against the aforesaid condonation of delay. Accordingly, delay in filing this appeal is condoned.
The present application for condonation of delay having application No. 01 of 2024 is allowed.
On the Memo of Appeal
1. Heard Sri Bhriguram Ji Pandey along with Sri Shashi Shekhar Maurya, learned counsels for the appellant and Sri Nilesh Kumar Dubey, learned counsel appearing for the respondent.
2. The present appeal under section 19 of the Family Court Act, 1984 has been filed, inter alia, praying for setting aside the impugned judgment and order dated 10.10.2023 and also the decree dated 19.10.2023 passed by the Additional Principal Judge, Family Court,
The Family Court can declare a divorce based on mutual consent without requiring original documents, and no limitation applies to such declarations.
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....
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.
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....
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