In a significant ruling, the Rajasthan High Court at Jodhpur has dissolved the marriage of a Muslim couple, holding that when both spouses clearly agree to divorce under Muslim personal law, courts cannot deny legal recognition on technical grounds. The Division Bench set aside a Family Court order that had refused to acknowledge the dissolution despite consent from both husband and wife
Background of the Case
The appeal was filed by Ayasha Chouhan, a 24-year-old woman, challenging a 2025 order of the Family Court at Merta. She had sought a declaration that her marriage with Waseem Khan stood dissolved under the Dissolution of Muslim Marriages Act, 1939.
The couple married in February 2022 as per Muslim customs. No child was born from the wedlock. Differences soon surfaced, and the relationship deteriorated. According to the wife, mental distress made it impossible to continue the marriage.
During the subsistence of the marriage, the husband pronounced talaq on three separate occasions June, July, and August 2024 each during a distinct menstrual cycle. The wife accepted all three pronouncements. Later, on August 20, 2024, both parties also executed a written mutual divorce agreement (Mubarat) on stamp paper, settling maintenance and returning all belongings.
Despite this, the Family Court dismissed the wife’s suit, holding that cruelty was not proved and that the talaq was invalid due to absence of witnesses.
What the High Court Examined
The Division Bench of Justice Arun Monga and Justice Yogendra Kumar Purohit closely examined the record and the law. While it agreed with the Family Court that cruelty was not established with specific details, it disagreed on the question of divorce.
The judges noted that both parties consistently admitted that talaq was pronounced three times during separate tuhr periods and was accepted by the wife.
“Once both spouses unequivocally acknowledge the pronouncement and acceptance, the dissolution cannot be brushed aside on misplaced technicalities,” the Bench observed.
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The Court clarified that the Family Court had wrongly relied on judgments relating to Shia law, whereas the parties were governed by Sunni Muslim law, which does not mandate witnesses for a valid talaq.
Recognition of Mubarat (Mutual Divorce)
The High Court went a step further and examined the case from the angle of Mubarat, a form of divorce by mutual consent under Muslim law. It noted that this aspect was completely ignored by the Family Court.
“The case before the Family Court was not a casual private settlement but a proper suit seeking judicial declaration of marital status,” the Bench said, adding that Family Courts are empowered under Section 7 of the Family Courts Act to decide such matters.
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The judges emphasised that Mubarat is a recognised and valid mode of divorce, provided it is voluntary and genuine. In this case, both conditions were clearly satisfied.
Final Decision
Allowing the appeal, the Rajasthan High Court set aside the Family Court’s order and declared that the marriage between Ayasha Chouhan and Waseem Khan stands dissolved under Muslim personal law.
The Court also issued guidance to Family Courts in Rajasthan, urging them to verify voluntariness and documents in cases of extra-judicial Muslim divorces and to pass appropriate declarations instead of rejecting such petitions mechanically.
Case Title: Ayasha Chouhan v. Waseem Khan
Case Number: D.B. Civil Misc. Appeal No. 1319 of 2025
Date of Judgment: 7 January 2026
