Gujarat High Court rules that under Muslim law, marriage can be dissolved through Mubaraat by verbal mutual consent, without a written agreement, upholding Quranic and customary practices.
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AHMEDABAD: The Gujarat High Court has clarified that a Mubaraat, a form of divorce under Muslim personal law based on mutual consent, does not require a written agreement to be valid.
The verdict came from a bench comprising Justices A.Y. Kogje and N.S. Sanjay Gowda, who set aside a Rajkot family court’s earlier decision that rejected a Muslim couple’s plea for divorce by mutual consent on the grounds of lacking a written agreement.
Background of the Case
The couple, facing marital discord, approached the family court seeking dissolution of marriage through Mubaraat. This process allows both husband and wife to mutually agree to end the marriage, without either party being solely at fault.
However, the family court dismissed their plea, holding that under Section 7 of the Family Courts Act, such a divorce required a documented agreement to prove mutual consent.
High Court’s Ruling
The Gujarat High Court disagreed with the family court’s interpretation. Relying on Quranic verses and Hadiths that govern the procedure for marriage dissolution in Islam, the court observed:
“A written agreement is not prescribed in the Quran, Hadith, or the customary practice under Muslim personal law for the validity of Mubaraat.”
The bench emphasised that Mubaraat is fundamentally about mutual consent, and the absence of a written record does not invalidate the divorce if both parties unequivocally agree to it.
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Mubaraat in Muslim Law
Mubarat literally means “release from each other.” It occurs when both husband and wife mutually agree to end their marriage. The offer for separation can come from either spouse, and once accepted, it becomes irrevocable.
Essentials:
- Either spouse can initiate the proposal.
- The other spouse must accept it.
- Once accepted, it cannot be revoked.
- The wife must observe the iddat period before separation is finalized.
- No monetary consideration is involved.
Mubarat vs. Talaq:
Mubarat differs from talaq. While talaq can be revoked and is usually initiated by the husband, mubarat is final and can be initiated by either spouse.
Appearance:
For the appellants: Advocate Samrat R Upadhyay
For the State: Assistant Government Pleader Urvashi Purohit
Case Title:
X vs. None
R/FIRST APPEAL NO. 1709 of 2025
READ JUDGMENT HERE
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