Muslims can end marriage by verbal mutual consent: Gujarat high court

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."