Family Courts Must Recognise Valid Divorce Under Muslim Law: Rajasthan High Court Lays Guidelines To Recognize Extra-Judicial Divorces

Considering the submissions by counsel for the parties that petitions seeking dissolution of marriage by invocation of Muslim Law were routinely rejected by the Family Courts, the division bench of Justice Arun Monga and Justice Yogendra Kumar Purohit laid down following guidelines for family courts in the State:

1. If the petition plead that the marriage was already dissolved under Muslim law through extra-judicial divorce, the Family Court shall seek personal presence of parties to record their statements to the same effect to satisfy itself of the voluntary nature of the dissolution without any duress.
2. If it was plead that the divorce was reduced into an agreement, irrespective of its nature, it shall be produced before the Court so that its veracity could be satisfied.
3. After being satisfied, the Court shall exercise power under Section 7 of the Family Courts Act, to pass appropriate decree, applying its mind independently regarding the status of marriage.

The Court was hearing an appeal against the order of the Family Court that had dismissed suit filed by the wife, seeking declaration of dissolution of marriage.

It was contended by the petitioner that she along with her husband had admitted that the divorce had already taken effect by talaq-ul-hassan as well as a written mutual divorce agreement (mubarat).

Under talaq-ul-hassan, during the subsistence of the marriage, the husband pronounced talaq upon the wife—first on 08.06.2024, second on 08.07.2024, and finally on 08.08.2024, each pronouncement being made during separate Tuhar periods (distinct menstrual cycles). The plaintiff accepted these pronouncements. 

After hearing the contentions, the Court held that the Family Court had wrongly insisted on the presence of two male witnesses for the validity of talaq-ul-hasan since that was a requirement under the Shia Law, while the parties were governed under the Sunni law.

Under the Sunni Law, such requirement was not mandatory especially when the talaq was not disputed by either of the spouses.

Furthermore, the Court observed that even otherwise, the Family Court committed “material irregularity” in ignoring the mubarat agreement executed by the parties which was a well-recognized mode of dissolution under the Muslim Marriages Act, 1939, and hence fell under Family Court's jurisdiction under Section 7 of the Family Courts Act.

Section 7 of the Family Court Act vested jurisdiction with the Family Court to decide disputes and proceedings arising out of matrimonial relationships, including suits and proceedings seeking a decree of nullity of marriage.

“Family Court is competent to endorse extra Judicial divorces such as khula and mubaarat after verifying their validity through a summary process, primarily ensuring voluntariness and proper documentation. The Supreme Court…reaffirmed that a Mubaarat agreement, entered into voluntarily by both parties, is a valid mode of divorce under Muslim law, and the Family Court can declare the marital status as dissolved based on such an agreement.”

In this background, the Court held that the petitioner was also entitled to a decree of declaration of dissolution of marriage, and accordingly quashed the Family Court order.

To address routine rejection of such petitions by Family Courts seeking dissolution of marriage invoking Muslim Law, as submitted by the counsel for the parties, the Court referred to and concurred with the guidelines framed by the Delhi High Court that Family Courts shall follow while dealing with petitions under Section 7 of the Family Courts Act seeking declaration of marriage status through extra-judicial means under Muslim Personal Law.

Accordingly, the aforementioned guidelines were laid down by the Court to be followed by the Family Courts in the state of Rajasthan.

Title: Ayasha Chouhan v Waseem Khan

Citation: 2026 LiveLaw (Raj) 30

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