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“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.
“The parties seeking divorce by mutual consent shall not be compelled to furnish or withdraw their consent for a decree of dissolution of marriage since the key and chief component for such a decree is free and unblemished consent.”
High Court of Bombay: While considering the appeal filed by the appellant/wife against the impugned judgment and order passed by the Family Court