Mutual Consent Divorce (MUSLIM LAW)

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In a Muslim marriage, where both husband and wife mutually agree to dissolve the marriage, they may proceed by Mubaraat, i.e., divorce by mutual consent. Either spouse may make an offer to dissolve the marriage, and the other spouse accepts it. Upon such mutual agreement and acceptance, the marriage is dissolved according to Muslim personal law. Before executing the Mubaraat, the parties should settle all consequential issues, including mahr/dower, maintenance, iddat-period obligations, return of marriage articles/stridhan, permanent settlement, and claims relating to children, custody and visitation. The terms may be recorded in a written Mubaraat Deed/Settlement Agreement, signed by both parties and preferably witnessed. If the parties require judicial recording of the settlement or orders concerning custody, maintenance or other enforceable reliefs, appropriate proceedings may be instituted before the competent Family Court. The court procedure will depend upon the relief sought and the personal law/statutory provision applicable to the marriage. The parties should retain the Nikahnama, identity/address proof, marriage-related documents, settlement/Mubaraat deed and proof of payment or settlement of financial claims. Thus, unlike a Hindu divorce by mutual consent under Section 13-B of the Hindu Marriage Act, Mubaraat is a form of mutual dissolution under Muslim personal law, and the exact court procedure depends on what judicial relief the parties seek.

Advocate Hemalatha Narayanan LawRato