Ahmedabad: Muslim couples could dissolve their marriage through Mubaraat, a mutual consent divorce, without the need of a written agreement recording such consent, the Gujarat High Court observed. The court cited Quran and Hadith to back its observation before it set aside the ruling of a Rajkot family court that rejected the plea by a Muslim couple for dissolution of their marriage by Mubaraat, the Times of India reported.
When the family court held that the case was not maintainable under Section 7 of the Family Courts Act because there was no written agreement, the high court bench of justices A Y Kogje and N S Sanjay Gowda observed that the lower court erred.
The court noted that the need for a written agreement regarding mutual consent for divorce is not “subscribed to any verse of Quran, Hadith, or the practice followed among Muslims under personal law."