Family Court-- Declaration Of Dissolution Of Muslim Marriage By Mutiual Consent Based On Validly Executed Mubarat Deed Is Maintainable Before Family Court Even Without Written Agreement
Family Courts are vested with jurisdiction under Section 7 of the Family Courts Act, 1984, read with Clause (b) of its Explanation, to declare the marital status of parties and entertain applications for dissolution of Muslim marriage by mutual consent in the form of Mubarat, even without a written agreement. A declaration of dissolution based on a validly executed Mubarat deed, entered into freely and voluntarily in the presence of witnesses, is maintainable before a Family Court. Free will of parties, ascertained through affidavit, is sufficient to establish the validity of mutual consent divorce under Muslim personal law.
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