Dissolution of the Muslim Marriage Act, 1939
Section 2(ix)—Dissolution of marriage by way of Mubarat (Mutual Consent)—Dismissal of petition by the Family Court holding that that in the entire petition, it was nowhere mentioned by both the parties that their marriage already stood dissolved by mutual consent i.e. by way of Mubarat as per MoU filed with the petition—Appeal—At the time of settlement, the divorce was granted by the appellant which was accepted by the respondent and this fact finds mention in the settlement deed itself—Since the divorce already stands taken place, the only prayer to the court was for declaring their marriage to be dissolved by way of Mubarat—In view of the submissions made by the parties that divorce already stood taken by Mutual Consent/Mubarat as recorded in the settlement and in the interest of welfare of both the parties, it is held that marriage between the parties already stands dissolved by way of Mubarat as per Muslim Law while taking on record their undertaking that they shall remain bound by the said Settlement.
[Paras 5 to 7]