Bombay High Court has ruled recently that Muslims in India can Divorce by mutual consent. The court ruled that under Section 2 of the Muslim Personal Law (Shariat) Act 1937 all matters of property, marriage, dissolution of marriage including mubaraat maintenance, dower, guardianship gifts, trusts and trust properties concerning Muslims are governed by the Act.
Supreme Court judgement in the case of Zohara Khatoon Vs. Mohd. Ibrahim, (1981) 2 SCC 509, to say that mubarat (divorce initiated by the woman) is a f
(1)Where the husband gives divorce according to any of the forms approved by the Mahomedan law, viz, Talaq ahsan which is a single pronouncement of divorce during tuhar (Period between menstruations) followed by abstinence from sexual intercourse for the period of iddat. Others are Talak hasan and divorce during tuhar (Period between menstruations) followed by abstinence from sexual intercourse for the period of iddat. Others are Talak hasan and Talak-ul-bidaat or talalk-i-badai which consists of three pronouncements made during a single tuhr either in one sentence or in three sentences signifying a clear intention to divorce the wife. however, both parties agree and desire a separation resulting in a divorce, it is called mubarat. (3) By obtaining a decree from a civil court for dissolution of marriage under s. 2 of the Act of 1939 which also amounts to a divorce (under the law) obtained by the wife. For the purpose of maintenance, Section 127(3)(c) of CR.P.C. will apply. Date of Order 29.3.2022
SHAIKH TASLIM SHAIKH HAKIM VERSUS THE STATE OF MAHARASHTRA AND ANOTHER
