AHMEDABAD: Gujarat high court held that a Muslim marriage can be dissolved through Mubaraat , a mutual consent divorce , without the necessity of a written agreement recording such consent, reports Saeed Khan.
Citing Quran and Hadith on the procedure for dissolution of marriage, the bench of justices A Y Kogje and N S Sanjay Gowda set aside an order by a Rajkot family court that rejected a suit filed by a Muslim couple seeking dissolution of marriage by Mubaraat.
The family court had held the suit was not maintainable under Section 7 of Family Courts Act because there was no written agreement regarding mutual consent for divorce. The couple decided to separate due to marital discord .
HC found error in the family court's findings that a written agreement is a must for divorce "as the same is not subscribed to any verse of Quran, Hadith, or the practice followed among Muslims under personal law."
Citing Quran and Hadith on the procedure for dissolution of marriage, the bench of justices A Y Kogje and N S Sanjay Gowda set aside an order by a Rajkot family court that rejected a suit filed by a Muslim couple seeking dissolution of marriage by Mubaraat.
The family court had held the suit was not maintainable under Section 7 of Family Courts Act because there was no written agreement regarding mutual consent for divorce. The couple decided to separate due to marital discord .
HC found error in the family court's findings that a written agreement is a must for divorce "as the same is not subscribed to any verse of Quran, Hadith, or the practice followed among Muslims under personal law."
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