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News18
5 days ago
- Politics
- News18
Muslim marriages can be dissolved through verbal consent, rules Gujarat HC
Last Updated: Ahmedabad, Aug 12 (PTI) The Gujarat High Court has ruled that a Muslim marriage can be dissolved through 'Mubaraat', a form of divorce wherein couples can end their marriage through verbal mutual consent without a written agreement in place. A bench of Justices AY Kogje and NS Sanjay Gowda made the observation while recently setting aside a Rajkot family court order which rejected a suit filed by a Muslim couple seeking dissolution of marriage by 'Mubaraat, a form of divorce by mutual consent. The bench sent the matter back to the family court and asked it to conclude the proceedings preferably within a period of three months. Disagreeing with the family court's stand that a written agreement is necessary to dissolve the wedlock, the HC, citing the Quran, Hadith and Muslim Personal Law, noted that such an agreement is not necessary if a Muslim couple seeks dissolution of marriage through mutual consent. Following a marital discord, a young Muslim couple from Rajkot had approached the family court for declaration of their marriage to have been dissolved by 'Mubaraat', which according to the couple, is recognized as a form of divorce by the Muslim Personal Law (Shariat) Application Act, 1937. However, the family court rejected the suit holding the petition for declaration of dissolution of marriage by way of 'Mubaraat' is not maintainable in the present form, the HC order stated. The couple challenged the order in the HC, saying the lower court had committed 'an error in holding that Mubaraat Agreement is sine qua non (an essential condition) for entertaining such suit, whereas even as per Shariat, requirement of written agreement is not necessary at all". 'It is argued that the family court has erroneously considered that agreement to part has only to be in Written Form, whereas Shariat does recognize agreement which is not even in written form," the HC observed. Citing religious texts and Personal Law, the HC noted 'There is nothing to suggest that there has to be a written agreement of 'Mubaraat' nor there is a practice prevailing regarding maintaining of the register to record such agreement for mutually dissolved 'Nikah' (marriage)." For the purpose of 'Mubaraat', the expression of a mutual consent for dissolution of 'Nikah' is sufficient to dissolve the marriage in itself, the bench stated. The bench allowed the couple's petition and set aside the lower court's order and sent the matter back to it 'to consider the family suit treating it to be maintainable and to proceed on merits". 'With due regard to the age and future prospects of both the parties, the (high) court deems fit to direct the family court to conclude the proceedings as expeditiously as possible preferably within a period of three months from the date of receipt of the order of this court," the bench said. PTI PJT PD RSY view comments First Published: August 12, 2025, 21:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
New Indian Express
5 days ago
- General
- New Indian Express
Gujarat HC: Muslim marriage can end with verbal mutual consent; quashes Rajkot Court's written-consent rule
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.
Time of India
5 days ago
- General
- Time of India
Gujarat HC reaffirms Muslim couples' right to verbal mutual divorce
AHMEDABAD: In a significant ruling, the Gujarat high court has held that a Muslim marriage can be dissolved through 'mubaraat' - a mutual consent divorce - without the necessity of a written agreement recording such consent. Citing the Quran and the Hadith on the procedure for dissolution of marriage, the bench of Justice A Y Kogje and Justice N S Sanjay Gowda set aside an order by a Rajkot family court that had rejected a suit filed by a Muslim couple seeking a declaration of dissolution of marriage by Mubaraat. The family court had held the suit was not maintainable under Section 7 of the Family Courts Act because there was no written agreement regarding mutual consent for divorce. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad The couple, married in 2021 in Bihar, decided to end their marital union due to mutual aversion and opted for Mubaraat. They filed a suit in Rajkot's family court, which was rejected. On appeal, the high court, after a detailed hearing, referred to Quranic verses and observed: "There is nothing to suggest that there has to be a written agreement of Mubaraat, nor is there any prevailing practice of maintaining a register to record such an agreement for mutually dissolved Nikah." Expanding on the matter, the court noted: "A register is merely a register maintained, and the Nikahnama issued on the basis of such a register is only a declaration of an agreement between two Muslims to enter into Nikah. However, such registration is not essential to personal law. Similarly, the court does not find that recording an agreement between the parties to the Nikah in any written format is essential for recording the fact of dissolution of marriage. For the purpose of Mubaraat, the expression of mutual consent to the dissolution of Nikah is sufficient to dissolve the Nikah in itself." The high court found error in the family court's findings that a written agreement is a must for divorce "as the same is not subscribed to any verse of the Quran, Hadith, or the practice followed amongst the Muslims under personal law." The court also clarified that the logic of treating a register of Muslim marriages as a written contract was flawed: "The logic given by the family court with regard to registering a Muslim marriage under a register to treat it as a written contract is also erroneous, as such a register and Nikahnama only recognise the agreement entered into by the parties to the marriage by uttering the words 'kabul' in the presence of the witness. That does not make a Nikahnama or registration of a Nikah part of an essential process of Nikah... Similarly, there is no process by which the written agreement is an essential requirement for Mubaraat." The high court held that such a suit is maintainable under the Family Courts Act and remitted the matter back to the family court to decide afresh within three months. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
5 days ago
- General
- Time of India
Muslims can end marriage by verbal mutual consent: Gujarat high court
AHMEDABAD: Gujarat high court held that a Muslim marriage can be dissolved through Mubaraat, a mutual consent divorce, without the necessity of a written agreement recording such consent, reports Saeed Khan. Citing Quran and Hadith on the procedure for dissolution of marriage, the bench of justices A Y Kogje and N S Sanjay Gowda set aside an order by a Rajkot family court that rejected a suit filed by a Muslim couple seeking dissolution of marriage by Mubaraat. The family court had held the suit was not maintainable under Section 7 of Family Courts Act because there was no written agreement regarding mutual consent for divorce. The couple decided to separate due to marital discord. HC found error in the family court's findings that a written agreement is a must for divorce "as the same is not subscribed to any verse of Quran, Hadith, or the practice followed among Muslims under personal law."
