IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3037/2023 (SMA)

BETWEEN:

MR. MOHAMMED SUHAIB S/O AHAMMED BHAVA B.V., AGED ABOUT 33 YEARS, R/AT MASCO ELIT, MUKKACHERI, ULLAL VILLAGE AND POST, MANGALURU TALUK, D.K.-575020 …APPELLANT (BY SRI. B RAJA SUBRAHMANYA BHAT, ADVOCATE)

AND:

MRS. AZMIYA D/O P. ABBOBACKER, AGED ABOUT 26 YEARS, Digitally signed R/AT RIN MORLA HOUSE, by NIRMALA DEVI NARINGANA,MANJANADI, Location: HIGH BANTWAL TALUK COURT OF D K -575018 KARNATAKA …RESPONDENT (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE FOR SRI. MOHAMMED ZAMEER K, ADVOCATE)

THIS MFA IS FILED U/S.39 OF SPECIAL MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT.24.03.2023 PASSED IN O.S.NO.46/2021 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, DECREEING THE SUIT FILED U/S.26 ORDER VII RULE 1 AND 2 OF CPC R/W SEC.2(ii), V AND VIII(a) OF THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE C.M.POONACHA)

1. Learned counsel for the appellant and learned counsel for the respondent present.

2. On 21.01.2025 the appellant and respondent filed the compromise petition and the same was taken on record. Thereafter, the matter was adjourned to enable the learned counsels to demonstrate as to the grounds recognized under Muslim Law for the grant of relief of dissolution of marriage by mutual consent.

3. It is relevant to note that Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, entitles grant of divorce on a ground which is recognized as valid for dissolution of marriage under Muslim Law.

4. Clause 319(3) of the Principles of Mohammedan Law (Mulla’s 17^th edition) states that marriage of Muslims may be dissolved by agreement between the husband and wife in the form of Mubara’at.

5. In the present case, both the appellant and respondent under the compromise petition have agreed for dissolution of marriage by mutual consent. That is covered under Mubara’at form of dissolution of marriage. The grant of dissolution of marriage by Mubara’at was also recognized by Co-ordinate Benches of this Court in the following cases:

i) Shabnam Parveen Ahmad And Another Vs. NIL ii) Shri Asif Iqbal Vs. Smt. Rafiah @ Feenaz

6. In the present case, the parties having filed a compromise petition which reads as follows:

1. It is submitted that the present appeal has been filed seeking set aside the judgment passed by the learned 1^st Additional Family Court at Mangaluru in O.S. No.46/2021 dated 24.03.2023 granting decree of divorce u/sec. 2(ii) (viii) (a) of Dissolution of Muslim Marriage Act, 1939.

1 2024 SCC OnLine Kar 39

2 Order dated 15.03.2022 MFA No.101928/2021

2. It is submitted that during the pendency of the appeal before this Hon’ble Court with the intervention of well wishers and elders in their respective family the dispute arising out of their marriage solemnized on 26.06.2019 has been resolved amicably and the parties now confine themselves as ‘divorced’ to the decree of dissolution of their marriage only under the provision of Sec. 2(ix) of the Act- “Any other ground which is recognized as valid for the dissolution of marriage under Muslim Law”. Accordingly, the finding given by the I Addl. Principal Judge, Family Court, D.K., Mangaluru, under Sec.2(i) & (viii) (a) of Dissolution of Muslim Marriage Act, 1938 in O.S. No.46/2021 dated 24.03.2023 may be set aside.

3. It is submitted that the respondent withdraws all allegations made by her before the Family Court, Mangaluru, against the respondent under sec. 2(ii) &

(viii) (a) of the Act.

4. It is submitted that the parties have also agreed to file similar compromise memo in the pending Crl. Pet. No.10128/2023 before this Hon’ble Court. Both the parties her