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.