Muslim Law – Divorce – Mubaraat – Dissolution by mutual consent – Maintainability of suit – Jurisdiction of Family Court – Scope of Section 7 of Family Courts Act – Recognition of Mubaraat as valid form of dissolution. Held: Mubaraat is a well-recognized mode of dissolution of marriage under Muslim Personal Law (Shariat). When parties governed by Shariat mutually enter a valid Mubaraat agreement dissolving marriage, the Family Court is competent to entertain a suit seeking declaration of dissolution of marriage on the basis of such agreement.

Muslim Law – Divorce – Mubaraat – Dissolution by mutual consent – Maintainability of suit – Jurisdiction of Family Court – Scope of Section 7 of Family Courts Act – Recognition of Mubaraat as valid form of dissolution.

Held: Mubaraat is a well-recognized mode of dissolution of marriage under Muslim Personal Law (Shariat). When parties governed by Shariat mutually enter a valid Mubaraat agreement dissolving marriage, the Family Court is competent to entertain a suit seeking declaration of dissolution of marriage on the basis of such agreement.

Rejection of the suit by the Family Court on the ground that “mutual consent divorce is not contemplated under the Dissolution of Muslim Marriages Act, 1939” is legally erroneous. DMMA 1939 governs only the wife’s statutory grounds; it does not override or exclude other personal-law modes of dissolution.

Section 7 of the Family Courts Act confers exclusive jurisdiction to Family Courts to adjudicate suits relating to dissolution of marriage and declaration of matrimonial status. A declaration sought on the basis of Mubaraat falls squarely within Section 7(1)(a). Family Court is duty-bound to accept the consensual dissolution and grant declaration.

Held, further: Supreme Court in Shayara Bano v. Union of India, (2017) 9 SCC 1, has recognized the various forms of divorce under Muslim Personal Law, including Mubaraat. Kerala High Court in Raseena Pareekunju v. Muhammed Asif, AIR 2021 Ker 124, and Karnataka High Court in Asif Iqbal v. Rafiah @ Feenaz, MFA No.101928/2021, have affirmed maintainability of suits seeking recognition of Mubaraat.

Accordingly, the Family Court erred in dismissing the suit as not maintainable.

Appeal allowed. Marriage declared dissolved by Mubaraat dated 03-04-2021.