Recently, the Gujarat High Court ruled that a Muslim marriage can be dissolved through Mubaraat (mutual consent divorce) even without a written agreement for such a divorce. The high court bench of Justice AY Kogje and Justice NS Sanjay Gowda observed this while overturning a family court order that held that a written agreement to dissolve the marriage was necessary to seek divorce by Mubaraat. However, the Gujarat HC disagreed with the family court's view. "The Court does not find that recording of an agreement between the parties to the Nikah in any written format is essential for recording the fact of dissolution of marriage. For the purpose of Mubaraat, the expression of a mutual consent to dissolution of Nikah is sufficient to dissolve the Nikah in itself," the court said in its July 23 ruling. The Gujarat High Court observed while dealing with a joint appeal filed by an estranged couple, whose divorce plea was dismissed by the family court in April. The couple reportedly sought a declaration that their marriage was dissolved through Mubaraat under Muslim personal law. Asaram Bapu Bail Extended: Gujarat High Court Extends Bail of Self-Styled Godman in Rape Case Till August 21 on Medical Grounds.
Gujarat High Court Overturns Family Court Order
The Gujarat High Court has ruled that a Muslim marriage can be dissolved through Mubaraat (mutual consent divorce) even without a written agreement for such a divorce.
The Bench made the observation while overturning a family court order which held that a written agreement to… pic.twitter.com/yHV6Bp7T7J
— Bar and Bench (@barandbench) August 12, 2025
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