Lucknow: The Allahabad High Court has affirmed that a marriage under Muslim personal law can be dissolved by mutual consent through methods such as khula or mubara’at. The court ruled in favour of mutual agreement as a valid mode of divorce, providing clarity on its application under Shariat law.
The ruling was issued by a Division Bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla while hearing an appeal filed by Arshad Husain. The case involved a mubara’at agreement dated June 15, 2024, in which the parties mutually consented to end their marriage.
The agreement stipulated the withdrawal of all pending cases and payment of ₹30,00,000 by the husband to the wife in three instalments. Both parties confirmed fulfilment of the agreement, with the wife’s counsel acknowledging receipt of the amount and raising no objections to the divorce.
The court observed that since the couple had already separated and resolved their differences amicably, further proceedings in the Family Court were unnecessary. Accordingly, the appeal was disposed of, and the marriage was declared dissolved under Muslim personal law.
This judgment reaffirms the validity of mutual agreement divorces like mubara’at, ensuring clarity for Muslim couples seeking amicable resolution. The court emphasised adherence to Shariat principles while respecting the mutual consent of both parties.
