Can Family Court Consider Application For Divorce By Mutual Consent Filed By Muslim Couples? Karnataka HC Answers
The Karnataka High Court ruled that a Muslim couple is entitled to declaration of marriage as dissolved based on the ‘Mubarat Agreement’, which is a recognised form of divorce by mutual consent under Muslim Personal Law.
Advocate Suzanne Maria Vaz appeared for the Appellant.
The Parties approached the High Court with this appeal under Section 39 of the Special Marriage Act,1954 after their suit where they were seeking a declaration of marriage between them as dissolved by a ‘Mubarat Agreement’ was found non-maintainable by the Family Court on the ground that mutual consent petitions for the dissolution of the Mohammedan marriage is not contemplated under the provisions of the Dissolution of Muslim Marriages Act, 1937.
The Court stated that under Section 7 of the Family Courts Act, 1984 the Family Courts are empowered to consider a suit or proceedings for a declaration as to the validity of a marriage or as to the matrimonial status of any person.
As per the Court, in the instant case, what was before the Family Court was a suit seeking a declaration of the status of the parties based on the Mubarat Agreement entered into between them.
The Court relied on the decision of Kerala High Court in "X" vs. "Y" in Mat. Appeal No.89/2020 where as per the Court, it was held, “Mubarat is a form of Divorce by mutual consent which is recognized by Muslim Personal Law (Shariat) and when the marriage between two persons, who are governed by the Shariat Law is dissolved by Mubarat agreement, the Family Courts are duty bound to accept the agreement of the parties and to declare the dissolution of the marriage as agreed between the parties.”
Hence, the Court found that the decision of the Family Court was not the correct proposition. It further interacted with the parties who, as per the Court, had specifically stated that they had entered into the Mubarat agreement with full knowledge and consent and that they were not in any way willing to continue the marital relationship.
Consequently, the Court allowed the appeal and declared the marriage between the parties as dissolved.
Appearance:
Adv. Suzanne Maria Vaz, Adv. Azhar Meer