FACTS-The parties had approached the Court seeking a declaration of the marriage dated 07.04.2019 solemnized between the parties at Nand Garden, Karbala, Allahabad, Uttar Pradesh as per Mohammedan rites and customs is dissolved vide the Deed of Mubarat dated 03.04.2021.there is no decree of divorce that is hanging on the head of the petitioner.

The Family Court however had held that the dissolution of the marriage through Mubarat is one of the mode of dissolution of the marriage but the mutual consent petitions for the dissolution of the Mohamadan marriage is not contemplated under the provisions of the Dissolution of Muslim Marriages Act, 1937. Therefore, the suit was found to be not maintainable and the same was dismissed.

ISSUE-whether Couple Entering Into 'Mubarat' Agreement Is Entitled To Declaration Of Dissolution Of Marriage By Family Court without contemplating the provisions of the Dissolution of Muslim Marriages Act, 1937?

OBSERVATION-A division bench allowed the appeal filed by the couple and dissolved the marriage between the parties accepting the Mubarat agreement.

The couple argued that under the provisions of the Dissolution of Muslim Marriages Act, 1937 and Muslim Personal Law (Shariat) Application Act, 1939 read with Section 7 of the Family Courts Act, 1984, the Mubarat Agreement entered into between the parties dissolving their marriage with their full consent and knowledge is liable to be accepted by the Family Court and the declaration was liable to be granted by the Family Court. In this Apex court cited the case of Shayara Bano v. Union of India and others, (2017), and other High Court judgements. After that it was said that “ we are of the opinion that the finding of the Family Court that the Family Court is not empowered to consider the application for Divorce by mutual consent when the parties are Muslims cannot be said to be the correct proposition. In view of the fact that the parties have entered into Mubarat agreement and have decided to dissolve the marriage entered into between them by the said agreement, we are of the opinion that the prayer sought for by the parties i.e., for a declaration as to the dissolution of marriage ought to have been granted by the Family Court.”