Mubarat-

Such divorce is also known as divorce by mutual agreement. It signifies as mutual discharge from the
marriage claims.

In Mubarat-, both the husband and wife desires separation. Thus it involves an element of mutual
consent. In this divorce, offer may be either from the side of wife or husband. When an offer Mubarat- is
accepted, it becomes an irrevocable divorce and iddat is necessary.

Judicial decisions- (dissolution of Muslim marriages Act, 1937)

Section 2 of this Act provides nine grounds under which a muslim wife can obtain a decree for the
dissolution of her marriage:

Grounds:

1. Absence of husband- if the husband is not known for a period of 4 years , a woman married
under Muslim law shall be entitled to obstain a decree of divorce.
But a decree passed on this ground will not take effect for a period of 6 months from the date of
such decree, and if the husband appears within that period, the court must set aside the said
decree.

2. Failure to Maintain- if the husband has neglected or has failed to provide for her maintenance
for a period of 2 years, a married Muslim woman can obtain a decree for divorce.
Case: Yusuf Rawther v Sowramma

3. Imprisonment of husband- if the husband has been sentenced to imprisonment for a period of
7 years or upward, the wife is entitled to the decree of court dissolving her marriage. But no
decree can be passed on this ground unless the sentence has become final.

4. Failure to perform marital obligations- if the husband has failed to perform, without
reasonable cause, his marital obligations for a period of three years, the wide can get her
ms44ishe dissolved by means of decree.

5. Impotency of husband- if the husband were impotent at the time of the marriage and continue
to do be so, the wife is entitled to judicial divorce for the dissolution of her marriage. Before
passing the decree, the court shall on application make an order requiring the husband to
qualify the court within a period of one year from such order that he has ceased to be impotent
and he does so satisfy, then no decree shall be passed on this ground.

6. Insanity, leprosy or venereal diseases- If the husband has been insane for a period of two years
or is suffering from leprosy or venereal disease then the wife may claim a judicial divorce.
 7. Repudiation of marriage by wife- if a girl having given in marriage by her father or other
guardian before attaining 15 years repudiates the marriage before attaining the age of 18 years
and the marriage is not consummates then she is entitled to decree of divorce.

8. Cruelty of husband- judicial divorce can be claimed by muslim wife if the husband treats her
with cruelty like-

A. Habitually assaults her or makes her life miserable by cruelty or bad conduct
B. Associates with women of I’ll reputation or leads an infamous life
C. Attempts to force her to lead an immoral life
D. Disposes of her priority or present her from using it
E. If has more wives than one, does not treat her equitably on accordance with Quran.

9. Grounds of dissolution recognised by Muslim law-

A. This clause covers divorce by ila, zihar, khula,mubarat, talaq e tafweed. It includes any
other ground which is recognised as valid for the dissolution of marriages under Muslim
law.

Conversion of Islam:

Muslim law applies to –

1. Mohammedan by birth
2. Mohammedan by conversion

A non muslim who had attained majority and is of sound mind may adopt Islam in any of two modes-

A. He may simply declare that he believes in the oneness of God and the Prophetic
character of Mohammad.
B. He may go to a mosque to a person who is well versed in Islamic theology where he
utters Kalma before Imam, whereupon he is given a Muslim name by the Imam.

It is however necessary that the conversion must be bona fide.

Case: Rikhiya Bibi v Anil Kumar- conversion because of impotent husband thus held to fraud and invalid