The Allahabad High Court held that under Mohammedan law, divorce becomes effective upon pronouncement of “talaq” by the husband. A subsequent judicial decree is merely declaratory, affirming the divorce from the original date, not creating a fresh dissolution.
The Gujarat High Court held procedural defects cannot defeat Mubarat divorce where mutual consent exists, recognizing dissolution without written agreement, criticizing a Family Court’s hyper-technical approach, and affirming Muslim personal law principles prioritizing substantive justice over procedural requirements.