LAWS(KAR)-2024-3-57

SHABNAM PARVEEN AHMAD Vs. NIL

Decided On March 26, 2024
Shabnam Parveen Ahmad Appellant
V/S
NIL Respondents

JUDGEMENT

(1.) This appeal is preferred against the judgment dtd. 21/4/2022 of the Principal Judge, Family Court, Bengaluru in O.S.No.184/2021.

(2.) The parties had approached the Court seeking a declaration of the marriage dtd. 7/4/2019 solemnized between the parties at Nand Garden, Karbala, Allahabad, Uttar Pradesh as per Mohammedan rites and customs is dissolved vide the Deed of Mubarat dtd. 3/4/2021.

(3.) The Family Court however had held that the dissolution of the marriage through Mubarat is one of the mode of dissolution of the marriage but the mutual consent petitions for the dissolution of the Mohamadan marriage is not contemplated under the provisions of the Dissolution of Muslim Marriages Act, 1937. Therefore, the suit was found to be not maintainable and the same was dismissed.