Gujarat HC: Family Courts must accept valid mutual Mubara'at divorces.

Gujarat HC: Family Courts must accept valid mutual Mubara'at divorces.

The Gujarat High Court, in **Shahnawaz Sirajuddin Siddiqui v. Marufa D/O Mohammedamin Hakim** (2026:GUJHC:36438-DB), held that parties to a valid extra-judicial Muslim divorce by **Mubara’at** are entitled to seek a judicial declaration of their dissolved marital status. The Court ruled that Section 7(1) Explanation (b) of the Family Courts Act empowers Family Courts to declare matrimonial status, even where the divorce has already taken effect under Shariat law. It clarified that the need for a formal decree for administrative purposes, such as updating passports, visas, and official records, itself constitutes a valid cause of action. The High Court found that the Family Court wrongly rejected the suit under Order 7 Rule 11 CPC by insisting on a dispute or denial by the wife. Since both parties admitted the divorce, the Court held that a decree on admission under Order 12 Rule 6 CPC ought to have been passed and accordingly declared the marriage dissolved from 15 July 2024.