Muslim Personal Law (Shariat) Application Act, 1937 – s. 2 – Dissolution of marriage – Mubaraat – Mutual agreement – Whether written Mubaraat agreement is sine qua non – Held, No – Expression of mutual consent to dissolve Nikah is sufficient – No requirement in Quran, Hadith, or practice for written form – Nikahnama/register not essential to the process of Nikah and similarly no written contract required for Mubaraat – Family Court erred in holding written agreement mandatory.

A. Muslim Personal Law (Shariat) Application Act, 1937 – s. 2 – Dissolution of marriage – Mubaraat – Mutual agreement – Whether written Mubaraat agreement is sine qua non – Held, No – Expression of mutual consent to dissolve Nikah is sufficient – No requirement in Quran, Hadith, or practice for written form – Nikahnama/register not essential to the process of Nikah and similarly no written contract required for Mubaraat – Family Court erred in holding written agreement mandatory.
(Paras 15, 15.1, 17, 19, 20, 21, 21.1, 22)

B. Family Courts Act, 1984 – s.7 & Explanation (b) – Jurisdiction – Suit by husband and wife jointly seeking declaration of dissolution of marriage by Mubaraat – Maintainability – Held, suit lies for declaration of matrimonial status – Issue is triable and within the scope of s.7 – Family Court committed error in treating suit as not maintainable.
(Paras 6, 10, 24, 25)

C. Muslim Law – Nature of Mubaraat – Divorce by mutual consent – Recognition under Shariat – Distinction between Khula and Mubaraat – Mutual aversion; initiation may be by either spouse; irrevocable divorce upon acceptance; iddat necessary – Literature surveyed: Dr. Paras Diwan (Family Law); Aqil Ahmed (Mohammedan Law); Holy Quran, verses 128–130; Supreme Court in Zohara Khatoon v. Mohd. Ibrahim, (1981) 2 SCC 509.
(Paras 15, 15.1, 17, 18)

D. Personal Law – Divorce – Extra-judicial forms – Court’s recognition – Purpose of declaration – When parties mutually dissolve marriage under Mubaraat, Family Court can declare such dissolution, based on pleadings and evidence.
(Paras 19, 21, 24)

E. Precedents – Karnataka High Court, MFA No. 4711/2022 (26-03-2024) – Delhi High Court, MAT.APP.(F.C.) 37/2023 (07-11-2024) – Followed – Both recognise Mubaraat as valid form of dissolution and jurisdiction of Family Court to grant declaratory relief.
(Paras 26, 27)

F. Procedure – Joint appeal by spouses – Maintainability of Family Suit – Remand – Family Court directed to treat suit as maintainable and decide on merits expeditiously within three months.
(Para 28)

G. Appreciation – Court records appreciation of learned AGP for assistance, including flow-chart and research on scriptures and case law.
(Para 29)