E-Paper
Muslim couple can dissolve marriage through mutual consent: Gujarat high court
A bench of justices AY Kogje and NS Sanjay Gowda said that when parties to the Muslim marriage mutually agree to dissolve their marriage, they are at liberty to do so
A Muslim couple can dissolve their marriage through mutual consent without a written agreement, the Gujarat high court has said, setting aside a lower court order that dismissed a petition for it.
A bench of justices AY Kogje and NS Sanjay Gowda said that when parties to the Muslim marriage mutually agree to dissolve their marriage, they are at liberty to do so. “...under this mutual agreement, the nikah [marriage] stands dissolved. In the available literature as referred to...there is nothing to suggest that there has to be a written agreement...nor is there a practice prevailing regarding maintaining the register to record such agreement for mutually dissolved nikah,” the court said on July 23.
The couple in this case jointly approached the court, saying they had married in March 2021 in Bihar according to Islamic customs. They said differences led them to live separately for over one year, prompting their agreement to end the marriage.
A family court in Rajkot dismissed their petition on April 19, saying dissolution of the marriage through mutual consent was not maintainable. The court ruled that a written agreement was necessary.
The high court said the family court erred in saying that a written agreement for dissolving a Muslim marriage was essential, as the Quran or established Muslim personal law do not support this requirement. It set aside the family court order and sent the matter back, directing it to treat the suit as maintainable and proceed on its merits.
The high court directed the family court to conclude proceedings within three months, considering the age and prospects of both parties.
