Court Recognizes Mubarat as a Valid Mode of Divorce, Setting Guidelines for Family Courts
In a landmark decision, the Rajasthan High Court has overturned a family court's dismissal and recognized the dissolution of marriage through Mubarat, a mutual consent divorce under Muslim Personal Law. This judgment, delivered by a division bench comprising Justices Arun Monga and Yogendra Kumar Purohit, emphasizes the legitimacy of mutual consent divorces and sets forth guidelines for family courts across Rajasthan in handling such cases.
The case involved Ayasha Chouhan, the appellant, and Waseem Khan, the respondent, whose marriage was solemnized in accordance with Muslim Sharia on February 27, 2022. Following irreconcilable differences, the husband pronounced talaq on three separate occasions, and the couple executed a mutual divorce agreement on August 20, 2024.
Initially, the Family Court in Merta rejected Ayasha's plea for divorce, citing the absence of witness testimony during the pronouncements of talaq. This decision was challenged by Ayasha, who argued that the requirement for witnesses is not mandatory under Sunni Muslim law, which governs the parties in this case. The High Court concurred with this argument, stating that the necessity of witnesses arises only when the pronouncement of talaq is disputed.
The High Court highlighted that the mutual consent of both parties to dissolve the marriage was sufficient for recognizing the divorce under the Dissolution of Muslim Marriages Act, 1939, specifically under Section 2(ix), which accommodates grounds recognized under Muslim law.
Furthermore, the court criticized the Family Court for ignoring the Mubarat agreement, which is a recognized mode of mutual consent divorce. The judges emphasized that the Family Court should have exercised its jurisdiction under Section 7 of the Family Courts Act, 1984, to adjudicate the matter based on the mutual agreement of the parties.
In its judgment, the High Court also framed guidelines for family courts in Rajasthan to ensure that similar cases are handled with due diligence. These include verifying the voluntariness of the divorce agreement, ensuring proper documentation, and recognizing the court's role in endorsing such agreements.
This decision not only provides relief to the appellant but also sets a precedent for future cases, reinforcing the validity of mutual consent divorces within the framework of Muslim Personal Law.
Bottom Line:
Dissolution of marriage under Muslim Personal Law can be granted based on Mubarat (mutual consent) without the necessity of pronouncement of talaq in the presence of witnesses if both parties voluntarily agree and execute a valid agreement.
Statutory provision(s): Dissolution of Muslim Marriages Act, 1939 Section 2, Family Courts Act, 1984 Section 7
Ayasha Chouhan v. Waseem Khan, (Rajasthan)(DB) : Law Finder Doc Id # 2841968
