Procedural Irregularities Cannot Defeat Mutual Divorce Under Muslim Law: Gujarat High Court Slams Hyper-Technical Family Court View

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.

Section 2(2) Serves a Protective Function, Not Exclusionary; It Cannot Deny Hinduised Tribal Person Benefits of the Act: Chhattisgarh High Court Allows ST Man’s Mutual Divorce Plea

The Chhattisgarh High Court set aside a Family Court order rejecting a mutual-consent divorce petition because the husband belonged to a Scheduled Tribe, ruling that Hindu Marriage Act, 1955 protections cannot bar couples married under Hindu customs.