Verbal agreement is valid for annulling Muslim marriages, ruled by Gujarat High Court.
Muslim Marriages in Gujarat Can Be Dissolved Through Mutual Consent Without a Written Agreement, According to Gujarat High Court
In a significant ruling, the Gujarat High Court has determined that a Muslim marriage in Gujarat can be dissolved through Mubaraat (mutual consent divorce) without the need for a written agreement. This decision was made by Justices NS Sanjay Gowda and AY Kogje, and it pertains to the interpretation of Muslim Personal Law.
The ruling, which was made public recently, states that a formal written contract is not a prerequisite for Mubaraat to be valid. Instead, verbal consent is sufficient for the divorce to be granted. This ruling overturns an earlier Family Court judgment that had dismissed a petition on the grounds that no written agreement was produced, declaring the petition "not maintainable."
The case in question involved a couple from Rajkot who had married under Islamic rites and subsequently sought Mubaraat after experiencing marital discord and separation. The court examined Islamic legal texts, including the Quran and Hadith, emphasizing that Mubaraat differs from Khula (where the wife initiates divorce), and mutual consent under Mubaraat can be expressed without formal documents.
As a result of this ruling, Muslim couples in Gujarat are entitled to dissolve their marriage through Mubaraat, relying on mutual consent alone. It is important to note that the ruling does not apply to any specific case or parties.
The Gujarat High Court has interpreted the Muslim Personal Law in relation to divorce, and the Quran and Shariat were referred to in the ruling. The ruling concerns the dissolution of a marriage and does not discuss the potential impact of the decision on Muslim society or community. Moreover, it does not specify any new conditions for a Mubaraat (mutual consent divorce).
In conclusion, the Gujarat High Court has made a ruling that allows for a divorce through Mubaraat (mutual consent divorce) in Gujarat without the need for a written agreement, based on mutual consent alone. This decision is a significant development in the interpretation of Muslim Personal Law and the dissolution of Muslim marriages in Gujarat.
[1] The Indian Express
[2] The Print
[3] Bar and Bench
- The Indian Express and The Print reported that the Gujarat High Court's ruling opened a path for Muslim divorces relying solely on mutual consent, without the need for a written agreement, potentially influencing general-news headlines.
- Bar and Bench highlighted that the Gujarat High Court's interpretations of the Muslim Personal Law, allowing for a divorce through Mubaraat without a written agreement, may prompt debates and discussions in the realm of politics, as existing practices and norms in Muslim marital law may now be reconsidered.
