MAT.APP.(F.C.) 134/2023 Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 20^th September, 2023

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MAT.APP. (F.C.) 134/2023

SHAHID AHMAD

..... Appellant

Through:

Mr. Deepak Kohli & Md. Shariq,

Advocates.

versus

TAHAJIVA

..... Respondent

Through:

Ms. Zeba Khair, Advocate & Ms.

Ananya Garg, Amicus Curiae.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

1.

The Appeal under Section 19 of the Family Courts Act, 1984 has

been preferred against the impugned Order/Judgment dated 18.04.2023 of

the learned Judge, Family Courts dismissing the petition filed seeking the

following relief:

between the petitioners”.

2.

The appellant and the respondent herein have filed a petition for

dissolution of marriage under Section 2(ix) of the Dissolution of Muslim

DigitallySigned By:SAHIL

SHARMA

Signing Date:25.09.2023

18:56:19

Signature Not Verified

MAT.APP.(F.C.) 134/2023 Page 2 of 4

Marriage Act, 1939 by way of Mubarat (Mutual Consent). It is stated in the

petition that the marriage between the parties was solemnized on 19.06.2019

according to Muslim rites and customs and no child was born from their

wedlock. Due to the temperamental differences, disputes arose between the

parties and they have been living separately since April, 2020. It is stated

that the respondent had filed a FIR bearing No. 97/2021 under Sections

498A/406/34 IPC at P.S.Geeta Colony against the appellant and his family

members. With the intervention of the family, friends and respectable

members of the society, they have arrived at a settlement on 20.02.2023

wherein, they have agreed to various terms and conditions of settlement

including dissolution of their marriage in accordance with Shariat Law i.e.

mutually through Mubarat. Consequently, the appellant had given her the

divorce which was accepted by the respondent. It was further agreed that

they would file a petition before the Court for declaring that they have taken

divorce by Mubarat (Mutual Consent). In addition, the appellant paid

Rs.2,90,000/- for settlement of all the claims towards stridhan and

permanent alimony, maintenance past, present and future, Mehar etc.

Rs.1,00,000/- was to be paid at the time of grant of divorce while the

balance fund of Rs.1,90,000/- was agreed to be paid by the appellant-

husband to the respondent-wife at the time of quashing of FIR registered

against the appellant and his family members.

3.

The appellant and the respondent pursuant to the settlement dated

20.02.2023 filed a petition before the learned Judge, Family Court for

Declaration.

4.

The learned Judge, Family Court relied upon the judgment titled as X

and Ors. Vs. Y and Ors. passed by the High Court of Kerala, wherein, it was

DigitallySigned By:SAHIL

SHARMA

Signing Date:25.09.2023

18:56:19

Signature Not Verified

MAT.APP.(F.C.) 134/2023 Page 3 of 4

stated that the Family Court can endorse an extra judicial divorce to declare

a marital status of a person in the matters of Talaq, Khula, Mubarat and

Talaq-e-Tafwiz. It was held that the Family Courts shall entertain such

applications moved by either of the party or both parties to declare the

marital status of such parties and in the matter of unilateral dissolution of

marriage invoking Khula and Talaq, the scope of inquiry before the Family

Courts is limited. In such proceedings, the Court shall record the Khula or

Talaq to declare the marital status of the parties after due notice to each

other. The Family Court shall refrain from adjudicating upon such extra-

judicial divorce unless i