Particle.news

Gujarat High Court Rules Verbal Mubaraat Valid Without Written Agreement

Based on Quranic principles supported by Hadith references, the ruling directs the family court to complete a merits hearing within three months.

Overview

  • The court held that Mubaraat, or mutual verbal consent, suffices to dissolve a Muslim marriage without any written agreement.
  • A division bench of Justices A.Y. Kogje and N.S. Sanjay Gowda grounded the decision in Islamic law and personal law provisions.
  • It set aside the Rajkot family court’s dismissal under Section 7 of the Family Courts Act for lack of written consent.
  • The case has been remanded to the family court with instructions to resolve the petition on its merits preferably within three months.
  • The judgment clarifies that neither a nikahnama nor formal registration is required for divorce by Mubaraat under Muslim personal law.