Muslim marriages can be dissolved through verbal consent, rules Gujarat HC
Ahmedabad, Aug 12 (PTI): The Gujarat High Court has ruled that a Muslim marriage can be dissolved through 'Mubaraat', a form of divorce wherein couples can end their marriage through verbal mutual consent without a written agreement in place.
A bench of Justices AY Kogje and NS Sanjay Gowda made the observation while recently setting aside a Rajkot family court order which rejected a suit filed by a Muslim couple seeking dissolution of marriage by 'Mubaraat, a form of divorce by mutual consent.
The bench sent the matter back to the family court and asked it to conclude the proceedings preferably within a period of three months.
Disagreeing with the family court's stand that a written agreement is necessary to dissolve the wedlock, the HC, citing the Quran, Hadith and Muslim Personal Law, noted that such an agreement is not necessary if a Muslim couple seeks dissolution of marriage through mutual consent.
Following a marital discord, a young Muslim couple from Rajkot had approached the family court for declaration of their marriage to have been dissolved by 'Mubaraat', which according to the couple, is recognized as a form of divorce by the Muslim Personal Law (Shariat) Application Act, 1937.
However, the family court rejected the suit holding the petition for declaration of dissolution of marriage by way of 'Mubaraat' is not maintainable in the present form, the HC order stated.
The couple challenged the order in the HC, saying the lower court had committed "an error in holding that Mubaraat Agreement is sine qua non (an essential condition) for entertaining such suit, whereas even as per Shariat, requirement of written agreement is not necessary at all".
"It is argued that the family court has erroneously considered that agreement to part has only to be in Written Form, whereas Shariat does recognize agreement which is not even in written form," the HC observed.
Citing religious texts and Personal Law, the HC noted "There is nothing to suggest that there has to be a written agreement of 'Mubaraat' nor there is a practice prevailing regarding maintaining of the register to record such agreement for mutually dissolved 'Nikah' (marriage)."
For the purpose of 'Mubaraat', the expression of a mutual consent for dissolution of 'Nikah' is sufficient to dissolve the marriage in itself, the bench stated.
The bench allowed the couple's petition and set aside the lower court's order and sent the matter back to it "to consider the family suit treating it to be maintainable and to proceed on merits".
"With due regard to the age and future prospects of both the parties, the (high) court deems fit to direct the family court to conclude the proceedings as expeditiously as possible preferably within a period of three months from the date of receipt of the order of this court," the bench said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Separate nodal officer in all districts to prevent female foeticides in Karnataka: Minister
Belagavi (PTI): Accepting that the female foeticide has not stopped in the state, Karnataka Health Minister Dinesh Gundu Rao on Tuesday said that the government is taking strict measures to prevent it.
The minister said the government is appointing separate nodal officers in all districts and tightening measures to prevent foeticide, which he called a "social evil".
He also assured that the government will consider strengthening legislation to control such activities.
The minister was responding to a question by BJP MLC C T Ravi in the Legislative Council.
"Female foeticides have certainly not stopped. If you look at the sex ratio, there is a lot of difference. I accept that this is happening," Rao said.
"Foeticides are not happening under pressure; voluntarily, it is happening, for not wanting a girl child. These things are happening based on the sex determination of the foetus at some hospitals. Sex determination is illegal, but with the advancement in technology, portable ultrasound machines have been developed, which can be easily carried anywhere, and scans and tests can be done. This needs to be controlled. We will bring it to the notice of the central government," he said.
In some districts and in a few hospitals, a higher number of male child births is happening. It is found with the help of intelligence input, the minister said.
"Information is being gathered on the taluk in which the male-female ratio is worsening, what is happening in which hospital, and appropriate action is being taken to crack down on such a network, after proper evaluation."
Decoy operations have been done at seven places in the last two years, to identify those involved in illegal activities linked to female foeticides, and actions have been taken against officials and hospitals involved, he said, adding that more needs to be done on priority.
Responding to a question by Ravi about whether any stringent legislation is being brought, Rao said, the government will consider strengthening the legislation and making it stricter to control this.
"Some amendments have been made to the existing laws in the last two years....advanced technology and the internet is being used to carry out such things, also oral medicines for abortions are available over the counter.
We need to look into bringing legislation to control them. The Food and Drug Administration has issued instructions to pharmacists that the sale of such drugs should be documented."
The minister also said that measures are also being taken for the effective implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (PC & PNDT) Act, and awareness is being created against the identification of female foetuses and female foeticide.
