Muslim Couples Can Divorce on Mutual Terms Verbally: Gujarat HC

The Gujarat High Court has ruled that a Muslim marriage can be dissolved through Mubaraat, a form of divorce by mutual consent — without the requirement of a written agreement documenting such consent.

A division bench of Justices A.Y. Kogje and N.S. Sanjay Gowda delivered the verdict while setting aside a Rajkot family court order that had rejected a Muslim couple’s plea for dissolution of marriage through Mubaraat. The lower court had held that the suit was not maintainable under Section 7 of the Family Courts Act because no written agreement of mutual consent had been produced.

The couple, citing marital discord, had approached the court seeking to end their marriage through Mubaraat.

In its judgment, the High Court referred to the Quran and Hadith on the procedure for dissolving a marriage and found that the family court had erred in insisting on a written agreement. The bench observed that such a requirement “is not subscribed to by any verse of the Quran, Hadith, or the practice followed among Muslims under personal law.”

The ruling reinforces that Mubaraat can be effected purely on the basis of mutual consent, without the formality of a written document, so long as both parties agree to end the marriage.

Also Read: 82% drop in Triple Talaq cases: Minority Affairs Ministry