Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.

A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing notice to the respondent, will record the statements of both parties.

The Court directed that where the terms of divorce are recorded in an agreement i.e., Talaq Nama, Khula Nama or Mubaraat agreement, the original agreement will be produced before the Family Court.

“After satisfaction of the execution of the said agreement, the Court shall issue an order declaring that their marriage stands dissolved,” it held.

The Bench was dealing with an appeal filed by a wife challenging a family court order dismissing the joint petition filed by her and the husband seeking a decree of dissolution of their marriage in terms of the declaration made by them.

The marriage was solemnized as per Muslim Rites and Ceremonies. After mediation failed, the husband, with the consent of the wife, pronounced Talaq after which they issued a joint declaration by way of an affidavit.

It was the wife's case that her marriage with the husband was dissolved as per Mubaraat, which is one of the modes of divorce recognised under the Muslim Personal Law (Shariat) Application Act, 1937.

She argued that the parties had upon dissolution of their marriage through Mubaraat executed a Muabaraat agreement and they were compelled to approach the Family Court under Section 7 of the Family Courts Act to seek an official declaration of their marriage having been dissolved.

Disposing of the appeal, the Bench said that the fact that Mubaraat, wherein the marriage was dissolved with the consent of the parties, is a recognised mode of dissolution of marriage under the Muslim Personal Law and the same was duly noted by the Apex Court in Shayara Bano case.

The Court noted that the parties were correct in urging that the dissolution of marriage by way of Mubaraat under the Muslim Personal Law is duly recognised as one of the modes of extra-judicial divorce.

It added that after the marriage between the parties was dissolved by way of Mubaraat, it was open for them to enter into an agreement referred to as the 'Mubaraat Agreement' to record the factum of dissolution of their marriage through the mode of Mubaraat.

“However, this agreement is only a private agreement between the parties and therefore, in case, the parties desire the factum of the dissolution of their marriage to be recorded in a public document, it is always open to them to seek a declaration regarding the status of their marriage under Section 7(b) of the Family Courts Act,” the Court said.

The Bench allowed the appeal and declared the marriage between the parties was dissolved by Mubaraat.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 1232

Click here to read order