The Gujarat High Court has ruled that a Muslim marriage can be dissolved through Mubaraat — a form of divorce where both husband and wife agree to end their marriage verbally, without the need for any written agreement.
The decision came from a bench of Justices AY Kogje and NS Sanjay Gowda while setting aside a Rajkot family court’s order that had dismissed a Muslim couple’s request for divorce through Mubaraat. The High Court sent the matter back to the family court and asked it to finish the case within three months.
The case involved a young Muslim couple from Rajkot who, after facing marital issues, approached the family court to declare their marriage dissolved by Mubaraat, which they said was recognised under the Muslim Personal Law (Shariat) Application Act, 1937. However, the family court rejected the request, saying such a divorce required a written agreement.
Challenging that decision, the couple argued before the High Court that the family court had made an error by insisting on a written agreement, as Shariat recognises verbal consent as valid for Mubaraat.
The High Court agreed, citing the Quran, Hadith, and Muslim Personal Law. “There is nothing to suggest that there has to be a written agreement of ‘Mubaraat’, nor is there a practice of maintaining a register to record such agreements for mutually dissolved ‘Nikah’,” the bench observed.
It further clarified that expressing mutual consent is enough to dissolve the marriage under Mubaraat. The court set aside the lower court’s ruling and directed it to treat the couple’s suit as valid and proceed on its merits.
“With due regard to the age and future prospects of both the parties, the court directs the family court to conclude the proceedings as expeditiously as possible, preferably within three months,” the bench stated.
