AYSHATH BUNAYATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The 2nd petitioner is the former husband of the 1 st petitioner. No children were born out of their wedlock. The 1st petitioner is the holder of an Indian Passport which was valid for the period from 13/1/2016 to 12/1/2026. In her passport, the name of her spouse is shown as Abdul Rasheed Ambar Ibrahim who is the 2nd petitioner. The surname of the 1st petitioner is also shown as Abdul Rasheed being the name of the 2nd petitioner.

(2.) The marriage between the petitioners was performed on 31/8/2015 in accordance with the religious rites and ceremonies prevailing among the Muslim community and the personal law applicable to Muslims. Later, their relationship became estranged and they were living separately for more than three years. Since the marriage between the petitioners was irretrievably broken down, it was dissolved on mutual consent on executing Ext. P2 Mubaraat Naama dtd. 9/7/2025 in the presence of witnesses.

(3.) 'Mubaraat Naama' is a written deed of divorce by mutual consent under Muslim Personal Law, where both spouses voluntarily decide to dissolve their marriage. The Division Bench of this Court in X and others v. Y and others (2021 (2) KHC 709: 2021 (2) KLT 967: ILR 2021 (2) Ker. 493) described 'Mubaraat' as follows: