How Can a Muslim Divorce by Mutual Consent in India (Bangalore)

UCC essentially refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance etc… was proposed twice, in November 2019 and March 2020 but was withdrawn. The All-India Muslim Personal Law Board (AIMPLB) opinioned that UCC “an unconstitutional and anti-minorities move”.

But then when marital conflicts happen, Muslim brethren in our country can opt to follow the Shariat Law, to dissolve the marriage through Mutual Consent either the “Khula” divorce procedure or the other procedure is that of “Mubarat” divorce.

The divorce procedure for Mutual Consent is not available in the Muslim Marriage Act. An alternate procedure needs to be followed if one wants to Divorce by Mutual Consent through the Indian courts and not willing to follow the Shariat / Islamic Law.

Here are the requirements for Muslim Mutual Consent Divorce.

1. If the Marriage is registered under Special Marriage Act., the divorce procedure is straight forward. Read the blog post How to Get Mutual Consent Divorce in Bangalore
2. If the Marriage is registered under Muslim Marriage Act, the Mutual Consent divorce procedure is as follows

1. The Husband shall file a Caveat petition and send the same to his spouse via Post.
2. On receiving the application, the Wife shall file a petition for Divorce to dissolve the marriage on grounds of incompatibility drawing a Memorandum of Petition Under Section II [VIII] [A] Of Muslim Divorce Act, 1939 For Dissolution of Marriage
3. After filing the necessary application, the learned counsel representing the parties shall seek for a Mediation to be done between the parties and file an application that both parties have agreed to draw necessary the terms and conditions and wish to dissolve the marriage.
4. Such applications and agreements will be signed by the Lawyer and the parties both post which the final arguments will be presented before the Hon’ble judge.
5. The Judge being satisfied after listening the arguments shall grant the divorce decree.

Following Documents are required to process divorce by mutual consent

1. Marriage Invitation Card
2. Marriage Ceremony Photographs
3. Marriage Certificate
4. Nikha Nama (Islamic Marriage Contract)
5. Address Proof (Aadhar Card, Driving Licence, Voter ID, Passport, Bank Passbook / Bank Statement, Landline Telephone Bill, Electricity Bill, Gas Connection Bill).

[Note: Rent Agreement is not applicable as address proof]

If you are professing Muslim religion / Islam and are looking to dissolve your marriage as per the Muslim Marriage Act, following the procedure of the court and wish to make the entire process hassle-free  and seamless, feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.

Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.