Emphasizing the principles of Muslim Personal Law, the Allahabad High Court (Lucknow Bench) has ruled that courts must grant divorce under the Mubara’at (mutual consent) process once the mutual agreement between the parties is verified, without requiring extensive investigation. The judgment, delivered by Justice Vivek Chaudhary and Justice Om Prakash Shukla, reinforces the binding nature of mutual agreements in Islamic divorce proceedings.
Case Background
The case in question involved appellant Arshad Husain and respondent Shahneela Nishat, who were married on January 12, 2002. Disputes led to their separation in 2018, following allegations of cruelty and irreconcilable differences. After years of discord, the couple entered into a Mubara’at agreement on June 15, 2024, to dissolve their marriage by mutual consent. As part of the agreement, the appellant paid ₹30,00,000 to the respondent in three installments.
Despite the clear terms of the agreement, the Family Court in Lucknow dismissed the appellant’s declaration suit for divorce in 2019, citing procedural inadequacies. This prompted the appellant to file First Appeal No. 111 of 2019 before the High Court.
Key Legal Issues
1. Recognition of Mubara’at: The primary issue was whether a court is obligated to grant a divorce once mutual consent under Mubara’at is established.
2. Scope of Judicial Inquiry: The court examined whether an in-depth investigation is required to validate such divorces or if a prima facie verification of the agreement suffices.
Court’s Decision
In a detailed ruling, the High Court overturned the Family Court’s 2019 order and declared the marriage dissolved. Highlighting the principles of Muslim Personal Law, the court observed:
“When parties approach a court seeking formal recognition of their divorce through Mubara’at, the court’s primary role is to verify the mutuality and voluntariness of the agreement. Upon satisfaction, the court is obligated to endorse the dissolution and declare the marital status of the parties as divorced.”
The bench underscored that the process does not necessitate adversarial litigation or detailed inquiries into the circumstances leading to the mutual agreement.
Observations on Muslim Personal Law
The court referred to precedents, including the Supreme Court’s decision in Zohara Khatoon v. Mohd. Ibrahim and rulings by the Kerala and Karnataka High Courts, which affirm that Mubara’at is a valid extrajudicial mode of divorce. The Allahabad High Court noted that:
“In the case of Mubara’at, the Family Court shall declare the marital status without further enquiry on being satisfied that the dissolution was effected on mutual consent.”
Outcome
The High Court decreed the dissolution of the marriage in terms of the Mubara’at agreement dated June 15, 2024. Both parties agreed to the terms, and the appellant fulfilled the settlement obligations. The court directed that a formal decree of divorce be issued, declaring their marital status as “divorced.”
