¹

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF MARCH, 2022

PRESENT

THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV

AND

THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA

MFA NO.101928 OF 2021

BETWEEN:

1.

SHRI. ASIF IQBAL S/O. AZIZ AHMED CHOPDAR,

AGE:34 YEARS, OCC: PRIVATE WORK,

R/O. AVALAKKI ONI MADIHAL,

DHARWAD, DIST: DHARWAD.

….APPELLANT

(BY SMT.SUMANGALA A. CHAKALABBI, ADVOCATE)

AND:

1.

SMT. RAFIAH @ FEENAZ W/O. ASIF IQBAL CHOPDAR,

AGE: 30 YEARS, OCC: SOFTWARE ENGINEER,

WORKING IN CSI INTERFUSION INDIA COMPANY BANGALURU,

R/O. C/O. SAYED MEEHABOOB NABI,

H. NO.41 AZAD PARK, CHETAN COLONY,

HUBBALLI-580 021.

….RESPONDENT

(BY SRI.A. A. SAVANUR, ADVOCATE)

THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT

ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.09.2021

PASSED IN O.S. NO.11/2021 BY THE HON’BLE PRINCIPAL JUDGE FAMILY

COURT DHARWAD AT DHARWAD, BY ALLOWING THE COMPROMISE PETITION

FILED BY THE BOTH PARTIE UNDER XXIII RULE 3 OF CPC, AND

CONSEQUENTLY ALLOW THE ABOVE APPEAL WITH COST, OR ALTERNATIVELY

REMAND THE SUIT O.S. NO.11/2021 TO THE HONBLE PRINCIPAL JUDGE

FAMILY COURT DHARWAD AT DHARWAD IN THE INTEREST OF JUSTICE AND

EQUITY.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, K.S.

HEMALEKHA J., DELIVERED THE FOLLOWING:

²

ORDER ON MUBARAT

The present appeal is directed against the order dated

28.09.2021, whereby the Family Court, Dharwad dismissed the

suit as not maintainable and the prayer to record compromise or

settlement was rejected. Aggrieved by the order of rejection, the

present appeal is preferred. Now, with consent of the parties,

compromise petition under Order XXIII Rule 1 of CPC along with

the agreement of mutual consent by way of ‘MUBARAT’ for

dissolution of marriage has been filed.

2.

The parties herein have filed a joint compromise

petition which reads as under;

1. That, the appellant and respondent have

settled their matrimonial dispute in the presence

of the Hon’ble Mediator appointed by this Hon’ble

court and they have mutually agreed for the

dissolution of their marriage by mutual consent by

an agreement of Mubaraat. They have also

executed an Agreement to that effect and signed

the said agreement in the presence of the

witnesses, who have also put their signatures on

the agreement. By virtue of the same, both the

appellant and respondent have settled all their

issues and the settlement is reduced into writing

³

in the said agreement. The said agreement may

be read as part and parcel of this joint

compromise petition.

2. The appellant and respondent have entered

into this settlement out of their free will and

consent and dissolved their marriage by putting

their signature on the said Agreement and hence

they declare and acknowledge that the marriage

solemnized between them on 03.11.2019 at

Railway Officers Club, Hubballi is dissolved

forthwith by way of Mubaraat, resulting into

Talak-e-bain provided in Shariat and referred at

Chapter

13

Syn

18

on

page

No.393

of

Mohammedan Law 2021 Edition. The other terms

and

conditions

are

mentioned

in

the

said

agreement and they acknowledge the same and

have signed the list appended with the said

agreement.

3.

The compromise petition entered is in view of the

agreement made between the parties for dissolution of marriage

by mutual consent by an agreement of ‘MUBARAT’ (Chapter 13

Syn 17 page No.393 of Mohammedan Law, 2021 Edition) which

reads as under;

17.

Mubaraat (Mutual Release)- (i) Meaning- Mubaraat

is also a form of dissolution of marriage contract. It is

⁴

signifies a mutual discharge form the marriage claims. In

Mubaraat, the aversion is mutual and both the sides

desire separation. Thus it involves an element of mutual

consent.

In this mode of divorce, the offer may be either

from the side of wife or from the side of husband. When

an offer for mubaraat is accepted, it becomes an