AHMEDABAD: In a significant ruling, the Gujarat High Court has held that a Muslim marriage can be dissolved through Mubaraat mutual consent divorce without any written agreement, overturning a Rajkot family court order that had insisted on such a document. The Gujarat High Court has ruled that a Muslim couple can end their marriage through Mubaraat without a written record of consent, declaring that neither the Quran, Hadith, nor Muslim personal law demands it. A bench of Justices AY Kogje and NS Sanjay Gowda set aside a Rajkot family court’s decision that had rejected a joint divorce plea solely because no written agreement existed. The family court had dismissed the case under Section 7 of the Family Courts Act, saying a written record was essential. The couple, married in 2021, had been living apart for over a year due to irreconcilable differences and had mutually decided to separate under Mubaraat. They challenged the lower court’s ruling, arguing that under Shariat law, written documentation is not a prerequisite for divorce by mutual consent.
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