Couple Entering Into 'Mubarat' Agreement Is Entitled To Declaration Of Dissolution Of Marriage By Family Court: Karnataka HC

The Karnataka High Court has reiterated that when the parties (Sunni Muslims) have entered into a Mubarat agreement and have decided to dissolve the marriage entered into between them by the said agreement, the Family Court is empowered to consider the application for divorce by mutual consent.

A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde allowed the appeal filed by the couple and dissolved the marriage between the parties accepting the Mubarat agreement.

The couple had approached the family court seeking a declaration of the marriage dated 07.04.2019 solemnised between the parties at Nand Garden, Karbala, Allahabad, Uttar Pradesh as per Mohammedan rites and customs is dissolved by the Deed of Mubarat dated 03.04.2021.

It was stated that the Family Court had held that although the dissolution of the marriage through Mubarat is one of the modes of dissolution, the mutual consent petitions for the dissolution of the Mohammedan marriage were 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.

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.

Reliance was placed on the Apex court decision in the case of Shayara Bano v. Union of India and others, (2017), and other High Court judgements.

The bench noted that Section 7 of the Family Courts Act empowers the Family Court to consider a suit or proceedings for a declaration as to the validity of a marriage or as to the matrimonial status of any person. “In the instant case, what was before the Family Court was a suit seeking a declaration of the status of the parties on the basis of the Mubarat Agreement entered into between them,” it said.

Referring to the cited judgments the court held “ 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.”

After interacting with the couple who specifically stated that they had entered into the Mubarat agreement with full knowledge and consent and that they were not in any way willing to continue the marital relationship, the Court held that the Family Court erred in dismissing the suit as not maintainable and allowed the appeal.

Appearance: Advocate Suzanne Maria Vaz for Advocate Azhar Meer for Appellants.

Citation No: 2024 LiveLaw (Kar) 162

Case Title: Shabnam Parveen Ahmad & ANR AND NIL

Case NO: MFA 4711 OF 2022

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