X v. Y, 2026

Marriage of the parties: Nikah performed on 19.03.2022 as per Muslim Shariat and rituals, registered with Kanjari Nagarpalika on 23.03.2022.

Husband moved Family Court for declaration of dissolution based on mutual consent divorce (Mubarat) executed on 20.06.2022.

Petition filed through Power of Attorney held by husband’s father, with affidavits signed by both husband and father.

Wife failed to appear despite notice being served, and Family Court objected to procedural irregularities:

• Ambiguity regarding jurisdiction and revocation of power of attorney

• Absence of photographs to identify parties

• Inability to ascertain existence of children from marriage

Family Court dismissed the petition, prompting the husband to appeal to the High Court.

The Gujarat High Court held that Family Courts are competent and empowered to consider dissolution of marriage based on mutual consent divorce (Mubarat) executed by Muslim couples, even in the absence of a written agreement, as established in Asif Daudbhai Karva & Anr. v. None (2025).

It was emphasized that the voluntary execution of the mutual consent divorce deed by both parties constitutes conclusive evidence of consent and intention to dissolve the marriage.

The Court noted that service of notice through publication in a local newspaper, when personal service fails, is valid and sufficient to satisfy principles of natural justice.

Referring to Section 7(b) of the Family Courts Act, 1984, the Court held that Family Courts have jurisdiction to declare the status of marriage where parties seek dissolution by mutual consent under Muslim Law.

The Court also cited Shabnam Parveen Ahmad v/s. Mohammed Saliya Shaikh (Karnataka High Court, 26.03.2024), holding that Family Courts can entertain Mubarat-based divorce applications and provide a declaration of dissolution.

The Court observed that technical objections regarding affidavits, power of attorney, or absence of photographs cannot override the substantive validity of a mutually executed divorce deed.

Evidence submitted, including:

• New passport of the respondent-wife

• Divorce certificate issued by Darul Qaza under the All India Muslim Personal Law Board

• Nikah Nama dated 01.01.2024 showing respondent-wife’s remarriage,
  confirmed the voluntary nature of dissolution and supported the husband’s appeal.

The High Court therefore quashed the Family Court’s order and declared that the marriage dated 19.03.2022, solemnized under Muslim Shariat and rituals, stood dissolved with effect from 20.06.2022, the date of execution of the mutual consent divorce deed.

Mutual consent under Muslim Law (Mubarat) is decisive for dissolution.

Family Courts have jurisdiction to declare dissolution even in absence of a written agreement.

Service of notice through publication is valid if the respondent is deliberately absent.

Subsequent remarriage or change of documents corroborates the validity of dissolution.

Technical procedural objections cannot negate substantive consent.

The judgment reinforces binding effect of mutual consent divorce under Muslim Law.

It establishes jurisdiction of Family Courts to declare marital status based on Mubarat.

Confirms that service through newspaper publication satisfies procedural fairness.

Substantive voluntary consent cannot be overridden by technicalities.

Recognizes subsequent remarriage or name change as corroborative evidence.

Provides clarity on jurisdictional authority of Family Courts under Section 7.

Promotes finality and certainty in matrimonial disputes.

Reduces litigation over procedural defects when mutual consent is clear.