marriage by agreement in the form of 'Khula' or 'Mubarat'. Section 319, Mulla's Principles of Mohomedan Law (Eighteenth Edition ... Hidayatullah, provides for divorce by Khula and Mubarat. Sub-section (1) of the said Section provides that a marriage may be dissolved not only
suit seeking a judicial declaration
of their matrimonial status, founded upon a Mubarat agreement
entered into between them. However, that part ... 2025]
given a complete short shrift by the family court. Mubarat could
not have been treated as falling outside the adjudicatory domain
of the Family
Court deems it fit appropriate to reproduce at this stage:
"8. Mubarat (Divorce by mutual agreement) Mutual Release-
Meaning-Mubarat is also a form ... marriage
contract. It signifies a mutual discharge from the marriage
claims. In Mubarat the aversion is mutual ind both the sides
desire separation. Thus
THIS DAY, K.S.
HEMALEKHA J., DELIVERED THE FOLLOWING:
2
ORDER ON MUBARAT
The present appeal is directed against the order dated
28.09.2021, whereby ... along with
the agreement of mutual consent by way of 'MUBARAT' for
dissolution of marriage has been filed.
2. The parties herein have
Mohammedan rites and customs is
dissolved vide the Deed of Mubarat dated 03.04.2021.
3. The Family Court however had held that the
dissolution ... marriage through Mubarat is one of the
mode of dissolution of the marriage but the mutual consent
petitions for the dissolution of the Mohamadan marriage
brought about by various
means which includes Talaq, Khula and Mubarat. Talaq is a form of divorce
https://www.mhc.tn.gov.in/judis ... form of divorce proposed by the
wife to the husband. Mubarat is a form of divorce proposed by both the parties
and they decide mutually
declaration thereby declaring the Divorce
in between the petitioners by way of Mubarat (Mutual
Consent) in terms of Section 2(ix) of the Dissolution ... Signing Date:25.09.2023
18:56:19
Marriage Act, 1939 by way of Mubarat (Mutual Consent). It is stated in the
petition that the marriage between
Division Bench has held that a mutual
consent divorce under "Mubarat" would not require a written
agreement as per Shariat. The mutual consent ... have approached Family Courts seeking
declaration of dissolution of their marriage by Mubarat. Learned
advocates have, therefore, submitted that, since the wife has not
disputed
their marriage performed on 29.03.2021, by
mutual consent, by an agreement of Mubarat,
prevailing in Muslim Community.
4. In view of difference of opinion between ... dissolve the marriage
solemnized on 29.03.2021 by mutual consent by
filing this Mubarat Nama in this MFA
No.100388/2023.
9. The Respondent-wife
petitioner).
Pleading that the parties have already agreed and entered into a Mubarat on
27.12.2022, on the basis of which, a suit ... Khan, since the parties have already
settled the matter by way of Mubarat, filing of a Domestic Violence Case is
an abuse of process
