Introduction 

• This case deals with the status of mutual divorce in the case of Muslim marriages. 

Facts 

• The plaintiff filed an application before the Bombay High Court for quashing of the First Information Report filed against him under Sections 498(A), Section 323, Section 504, Section 506 Indian Penal Code, 1860 and the chargesheet pending before the Judicial Magistrate First Class as the matter was resolved amicably. 
• The plaintiff also submitted that the parties have mutually consented for divorce before the Family Court. 
• The plaintiff has paid Rs. 5 Lakh as a maintenance amount for which the defendant also agreed. 
• The defendant also filed the consent affidavit in reply and confirmed her maintenance amount. 
• The defendant also filed for withdrawal of the criminal complaint filed by her against the plaintiff and stated that she doesn’t want any further criminal proceedings against the plaintiff. 
• The Family Court allowed the petition and confirmed the parties as no more husband and wife as they have mutually agreed on the divorce and also validated the other settlements between the parties by applying the case of Mst. Zohara Khatoon v. Mohd. Ibrahim, (1981) where the mutually agreed married outside the court was held valid and this kind of divorce is termed as ‘Mubarat’ under Muslim Law.  

Issue Involved  

• Whether mutual divorce is recognized under Muslim Law? 

Observations

• The Bombay High Court observed that as per section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, the rule of decision in cases where the parties are Muslims shall be considered as per the provisions of Muslim Personal Law (Shariat). 
• Furthermore, the Court noted that Section 7 of the Family Courts Act, 1984, a declaration as to the validity of a marriage or as to the matrimonial status of any person can also be a subject matter before the Family Court. 
• The High Court confirmed that the Family court's decision in determining and applying the law was correct and the status of the parties, mutually agreed for the divorce, (Mubarat) was also correctly determined by the Family Court. 

Conclusion 

The Bombay High Court concluded that based on Muslim law and the cases referred the parties are not married anymore and therefore allowed the quashing application.