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Hindustan Times
5 days ago
- General
- Hindustan Times
Muslim couple can dissolve marriage through mutual consent: Gujarat high court
A Muslim couple can dissolve their marriage through mutual consent without a written agreement, the Gujarat high court has said, setting aside a lower court order that dismissed a petition for it. A family court dismissed the couple's petition saying dissolution of the marriage through mutual consent was not maintainable. (Shutterstock) A bench of justices AY Kogje and NS Sanjay Gowda said that when parties to the Muslim marriage mutually agree to dissolve their marriage, they are at liberty to do so. '...under this mutual agreement, the nikah [marriage] stands dissolved. In the available literature as referred is nothing to suggest that there has to be a written is there a practice prevailing regarding maintaining the register to record such agreement for mutually dissolved nikah,' the court said on July 23. The couple in this case jointly approached the court, saying they had married in March 2021 in Bihar according to Islamic customs. They said differences led them to live separately for over one year, prompting their agreement to end the marriage. A family court in Rajkot dismissed their petition on April 19, saying dissolution of the marriage through mutual consent was not maintainable. The court ruled that a written agreement was necessary. The high court said the family court erred in saying that a written agreement for dissolving a Muslim marriage was essential, as the Quran or established Muslim personal law do not support this requirement. It set aside the family court order and sent the matter back, directing it to treat the suit as maintainable and proceed on its merits. The high court directed the family court to conclude proceedings within three months, considering the age and prospects of both parties.
NDTV
6 days ago
- Politics
- NDTV
Muslim Marriages Can Be Dissolved Through Verbal Consent: Court
Ahmedabad: 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.
Hindustan Times
6 days ago
- Politics
- Hindustan Times
Muslim marriages can be dissolved through verbal consent: Gujarat HC
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. For the purpose of 'Mubaraat', the expression of a mutual consent for dissolution of 'Nikah' is sufficient to dissolve the marriage in itself, the HC bench stated. (Representative Image) 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.
News18
6 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.
News18
6 days ago
- General
- News18
'Mutual Verbal Consent Sufficient': Gujarat HC's Nod To Islamic Law On Dissolution Of Muslim Marriage
The Gujarat High Court ruled that Muslim marriages can be verbally dissolved if both parties consent, and there is no need for a written document under 'mubaraat' In a nod to Islamic law, the Gujarat High Court recently observed that a Muslim marriage can be dissolved through mutual verbal consent, or mubaraat. Mubaraat, or mutual consent divorce, is based on mutual verbal consent and does not need a written agreement as both spouses agree to separate. This is permissible under Islamic personal law and the ruling aligns with the principles of the Quran and Hadith cited by the court. In doing so, the court set aside a family court order that rejected the divorce plea based on the absence of a written agreement for mutual consent. A bench of Justices AY Kogje and NS Sanjay Gowda made the observation while overturning the family court order, which stated that a written agreement was necessary in mubaraat. 'The court does not find that recording of 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 a mutual consent to dissolution of nikah is sufficient to dissolve the nikah in itself," the bench said, as per Bar and Bench. mubaraat nikah or a Muslim marriage does not mean that it is an essential requirement under Muslim personal law. ' Nikahnama only recognises the agreement entered into by the parties to the marriage by uttering the words qabool in 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 court was quoted in its ruling. The HC was hearing a joint appeal filed by an estranged couple, whose divorce plea was dismissed by the family court in April. The two parties married in 2021, but had been living separately for more than a year due to irreconcilable differences. They mutually agreed to dissolve the marriage and opted for mubaraat. view comments First Published: 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.
