Jodhpur, Jan. 22 -- The Rajasthan high court, while setting aside a family court's order that dismissed a Muslim woman's divorce petition, has ruled that 'mubarat' (mutual divorce) by consent of both spouses is fully valid under the Muslim Personal Law (Shariat) Application Act, 1937. A division bench of justices Arun Monga and Yogendra Kumar Purohit allowed the appeal by the 24-year-old woman. It clarified that the marriage stood dissolved after the husband pronounced divorce over three separate tuhar periods (distinct menstrual cycles), followed by a written divorce agreement executed by mutual consent on Rs.100 stamp paper. The family court had declared the divorce invalid and dismissed the petition for lack of witnesses-a ground the high court found legally untenable. The court noted that the couple are Sunni Muslims, and Sunni law does not require two witnesses for divorce, unlike Shia law. Both parties confirmed in court that the husband pronounced divorce on June 8, July 8, and August 8, 2024, each in separate tuhar periods, which the wife accepted. On August 20, 2024, they also executed a written divorce agreement by mutual consent. The bench observed: 'We may also note that it has been pointed out by both the counsels appearing for the appellant-wife as well as the respondent-husband that similar petitions wherein dissolution of marriage is sought by invoking Muslim law are being routinely rejected by Family Courts in Rajasthan. In somewhat similar circumstances, the Delhi High Court framed certain guidelines for the Family Courts in Delhi. We are of the same view that the Delhi High Court guidelines ought to be kept in mind by Family Courts in Rajasthan while dealing with petitions filed under Section 7 of the Family Courts Act, 1984, seeking a declaration with regard to the status of marriage through extra-judicial means under Muslim Personal Law. Having had the benefit thereof, it is deemed appropriate that a similar exercise is carried out for the State of Rajasthan as well.' The bench added: 'In case it is so pleaded in the petition that the marriage between the parties has already been dissolved under Muslim law through extra-judicial divorce, the Family Court would seek the personal presence of the parties to record their statements to the same effect and satisfy itself that it is without any coercion or duress and on their own volition. In the event it is pleaded that divorce has been reduced in writing by way of an agreement, whatever be its nature, i.e. Mubaraat Nama or Talaq Nama or Khula Nama, the same shall be required to be produced before the Court so as to satisfy it as to the veracity thereof. Upon being satisfied, the Court shall exercise its jurisdiction under Section 7 of the Family Courts Act, 1984.'...