The Rajasthan High Court has upheld the divorce of a Muslim couple through mutual consent, reinforcing the validity of Mubaraat under Muslim Personal Law. The ruling set aside a family court order which had dismissed the wife’s petition for divorce.
A division bench of Justices Arun Monga and Yogendra Kumar Purohit ruled that once both spouses agree to end the marriage through Mubaraat, a family court has no basis to deny dissolution on technical grounds. The bench described the dispute as a clear case where spouses agreed on divorce while the lower court stood in the way.
The case reached the High Court after a family court rejected the wife’s plea. The lower court cited lack of proof regarding two witnesses and absence of concrete evidence of cruelty. The High Court found these reasons flawed.
The bench noted the husband pronounced divorce across three separate periods. The wife accepted each pronouncement. Both parties later signed a written divorce agreement on August 20, 2024. The agreement recorded details of mahr, maintenance during iddat, and alimony.
The court clarified that Sunni Muslim law doesn’t require witnesses for a valid divorce,and that the family court relied on legal principles linked to Shia law, which led to an incorrect conclusion. The judges said the key duty of a family court lies in verifying free consent without pressure.The verdict reaffirmed Mubaraat as a valid form of divorce under Muslim law.