Under Muslim Personal Law, a marriage can be dissolved by mutual agreement (mubara’at), which requires both parties' consent and may occur without judicial intervention.

JUDGMENT :

Vivek Chaudhary, Om Prakash Shukla, JJ.

(1) Heard Shri Ali Akhtar Zaidi, learned Counsel representing the appellant/husband and Shri Mohd. Mustafizul Haq, learned Counsel representing the respondent/wife.

(2) This appeal under Section 19 of the Family Courts Act, 1984 has been filed by the husband/appellant, seeking to quash the judgment and order dated 04.07.2019 passed by the learned Principal Judge, Family Court, Lucknow, whereby Declaration Case No. 214 of 2019 filed by the husband/appellant for declaration of matrimonial status of the parties has been dismissed at the admission stage.

(3) Facts of the case are that the marriage between the appellant and the respondent was solemnized on 12.01.2002 in accordance with Islamic Rites and Rituals. It was the case of the appellant that after marriage, the behaviour of his wife was not good as his wife was having affair with a police officer, on account of which his wife visited her parental house frequently. With the connivance of the said police officer, his wife had lodged frivolous complaint against him and her behaviour became cruel. Ultimately, on 02.07.2018, she went to parental home and since then, she is living there only. Despite efforts made by him for reconciliation, settlement between them was not arrived and ultimately he gave triple talaq to his wife in accordance with muslim law. In this background, the appellant had instituted the declaration case, bearing No. 214 of 2019, seeking to declare the matrimonial status of the parties, before the Family Court, Lucknow.

(4) The learned Family Court, Lucknow, heard the aforesaid declaration case at admission stage and has returned a finding that though the husband claimed to have given triple talaq in the month of March, April and May, but there was neither any endorsement to the fact that first, second and third talaq were given by the husband during the non- menstrual period of the wife nor there was any endorsement to the fact that any effort for reconciliation preceded Talaq. By recording these findings and placing reliance upon the judgment of the Apex Court rendered in Shayara Bano v. Union of India, (2017) 9 SCC 1, the learned Family Court has dismissed the declaration case vide judgment and order dated 04.07.2019 at the admission stage, which is assailed in the present appeal.

(5) During the hearing of the present appeal, learned Counsels for the parties have drawn attention to Annexure SSA-1 of the second supplementary affidavit, which is a Mubara’at (mutual agreement) dated 15.06.2024 entered into between the parties. This mutual agreement was also filed in the proceedings under Section 125 of the Cr.P.C. initiated by the respondent (wife), bearing Case No. 358 of 2018. The agreement provides that both parties will withdraw all pending cases between them, and the marriage shall be dissolved by mutual consent, subject to the payment of Rs.30,00,000/- (Rupees Thirty Lakhs) by the husband to the wife in three installments. Learned Counsel for the appellant submits that both the parties are living separately and the husband has already paid the entire sum of Rs.30,00,000/- in three installments and requests that the present appeal be disposed of in terms of the mutual agreement, thereby dissolve the marriage between the parties by consent.

(6) Mohd. Mustafizul Haq, learned Counsel representing the respondent/wife does not dispute the aforesaid mutual agreement dated 15.06.2024 and states that Rs.30,00,000/- has been paid to the wife by the husband/appellant in three installments and the respondent has no objection to declare the marriage of the parties dissolve in terms of the mutual agreement dated 15.06.2024.

(7) Muslim Personal Law (Shariat) Application Act, 1937, governs marriage and divorce for Muslims in India. Section 2 of the Act explicitly recognizes various forms of divorce, including Mubara’at, Khula, Talaq, and Faskh.

(8) Under Shariyat Law, a marriage can be dissolved by mutual agreement between the