Divorce by mutual consent

Querist : Anonymous (Querist) 27 June 2018 This query is : Resolved
Can a wife file for divorce by mutual consent under s 2(ix) of the Dissolution of Muslim Marriage Act ?

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Vijay Raj Mahajan (Expert) 27 June 2018
Divorce by mutual consent under the Muslim Sharia is Khula and Mubarat where both parties by mutual agreement call off their marriage.
The Dissolution of Muslim Marriage Act, 1939 is applicable for woman married under the Muslim law to obtain decree of divorce.
The Family Court where the woman can only files petition for divorce under the Dissolution of Muslim Marriage Act and seek permission for Divorce by Mutual consent under section 2(ix) of the Act as the same is allowed according to Muslim law otherwise.
The husband in this case shall be co-petitioner or respondent only not the main petitioner, keeping in mind the provision of the Act.