Dissolution of Muslim Marriages in India  and when parties can approach the court for a declaration .  Firstly a   Nikahnama (marriage contract) is required to be  issued by the Al-Qazi, Betul Qazi, with the meher (dowry) amount fixed  establishing a   valid marriage

File a suit for declaration before the Family Courts Dissolution of Muslim Marriages in India

Both parties may approach the Family court by filing a  Joint petition under Section 7 of the  Family Courts Act, 1984. It is therefore important to under the provisions of  Section 7 (1) b & d  of the Family courts Act which  states as under –

“Section 7(1) in The Family Courts Act, 1984

Explanation.- The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:-

(b )a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship.

Mubaraat is recognised as one of the modes of divorce

Mubaraat  as per the Muslim Personal Law (Shariat) Application Act, 1937 and support it with a  Mubaraat agreement specifically stating /recording   that the marriage between the parties stood dissolved by the mode of Mubaraat . Mubarrat  is is one of the accepted modes of divorce under the Muslim Personal Law. Mubaraat,  is basically where  the marriage is dissolved with the consent of the parties and duly recognized  under the Muslim Personal Law (Shariat) Application Act, 1937 The Hon’ble Supreme court  in  paras nos.3 & 4 of its majority decision in Shayara Bano v. Union of India & Ors. 2017 (9) SCC 1.  The Hon’ble Supreme court  has categorically recognized that Mubaraat is a form of divorce by consent of both parties  under the Muslim Personal Law.  Reference :  ANJUM NAYYAR versus YAVAR EHSAN  , MAT.APP.(F.C.) 37/2023 , Decided on  07.11.2024

Conclusion forDissolution of Muslim Marriages in India

In the  case of NJUM NAYYAR versus YAVAR EHSAN  , MAT.APP.(F.C.) 37/2023 , Decided on  07.11.2024, in para 18 of its judgment the Hon’ble High Court passed the following directions to the Family court-

18. “… therefore, we deem it appropriate to issue the following directions for guidance of the Family Court while dealing with any petition filed under Section 7 of the Family Courts Act for seeking declaration of dissolution of marriage through extrajudicial divorce under the Muslim Personal Law.

i. The Family Court, after issuing notice to the respondent, will record the statements of both parties.

ii. In case, the terms of the divorce are recorded in an agreement i.e., Talaq Nama, Khula Nama or Mubaraat agreement, the said original agreement will be produced before the Court. After satisfaction of the execution of the said agreement, the Court shall issue an order declaring that their marriage stands dissolved.

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