AHMEDABAD: In a significant ruling, the Gujarat High Court has held that a Muslim marriage can be dissolved through Mubaraat mutual consent divorce without any written agreement, overturning a Rajkot family court order that had insisted on such a document.
The Gujarat High Court has ruled that a Muslim couple can end their marriage through Mubaraat without a written record of consent, declaring that neither the Quran, Hadith, nor Muslim personal law demands it.
A bench of Justices AY Kogje and NS Sanjay Gowda set aside a Rajkot family court’s decision that had rejected a joint divorce plea solely because no written agreement existed. The family court had dismissed the case under Section 7 of the Family Courts Act, saying a written record was essential.
The couple, married in 2021, had been living apart for over a year due to irreconcilable differences and had mutually decided to separate under Mubaraat. They challenged the lower court’s ruling, arguing that under Shariat law, written documentation is not a prerequisite for divorce by mutual consent.
Agreeing with the couple, the High Court cited Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, explaining that Mubaraat is a dissolution initiated by both spouses, unlike Khula, which is sought by the wife.
"The Court does not find that recording an agreement in any written format is essential for dissolution. For Mubaraat, mutual consent alone is sufficient," the bench said, adding that even the Nikahnama or marriage registration is not an essential element of the marriage process under Muslim personal law nor is a written record necessary for divorce by Mubaraat.
Finding "error" in the lower court’s interpretation, the High Court directed it to reconsider the case on merits within three months.