BINU P.A. Vs. ASHLA N.A.

JUDGEMENT

(1.) This Original Petition is filed challenging Ext.P3 by which a compromise petition filed by the parties to the case had been rejected by the Family Court observing that a compromise entered into between the parties to dissolve the marriage by a decree of Court is against law and public policy.

(2.) Parties are Muslims and the OP was filed by the wife seeking for divorce under Sec. 2(iv) and (viii)(a) of the Dissolution of Muslim Marriage Act. During the pendency of the OP, parties entered into a compromise which is produced as Ext.P2 (IA No.51/2017). By virtue of the agreement, the parties decided that there is no objection in granting a decree dissolving the marriage between them. Other materials relating to the gold ornaments etc., were also finally settled between them. When the OP(FC) No.115/17 compromise petition was filed before the Court, the Court observed that there is no provision in the Act to dissolve a marriage other than on the ground specified under Sec.

(3.) Learned counsel submits that Muslim marriages can be settled by mutual consent as well and it is clearly provided under Sec. 2(ix) that dissolution of marriage is possible. In fact a marriage between a Muslim pair can be dissolved in the form of an agreement also as provided which is permitted as khula and mubara'at. Commentary of Mulla Principles of Mahomedan Law, 20th Edition refers to the same under para 319, which reads as under:-