Gujarat High Court Upholds Mubaraat: A Path to Mutual Divorce Without Written Agreement

The Gujarat High Court has set a precedent by ruling that 'Mubaraat', a Muslim form of divorce through mutual consent, can be valid even without a written agreement. This decision overturns a ruling by a family court in Rajkot, enabling a couple to dissolve their marriage verbally.

A bench comprising Justices AY Kogje and NS Sanjay Gowda sent the case back to the family court, instructing it to reconsider the matter within three months. The High Court stressed the sufficiency of mutual verbal consent for divorce under the Muslim Personal Law, without the need for a written formalization.

This verdict emerged after a Rajkot couple's appeal against a family court's ruling which dismissed their divorce petition for lack of a written agreement. The High Court's decision highlights the legal recognition of religious customs as outlined in the Quran and Hadith, thereby upholding the Shariat's provisions.

(With inputs from agencies.)