Muslim Law–Dissolution of marriage under extra-judicial means through Muslim Personal Law–Dealing with–Expectations from the Family Court –
(a) In case it is so pleaded in the petition that the marriage between the parties has already been dissolved under the Muslim Law through extra-judicial divorce, the learned 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;
(b) In the event, it is pleaded that divorce has been reduced in writing by way of an agreement, whatever be its nature, i.e., Mubarat 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;
(c) Upon being satisfied, the Court shall exercise its jurisdiction under Section 7 of the Family Courts Act, 1984 to pass an appropriate order/decree, applying its mind independently as per its judicial outlook, qua the status of the marriage between the parties.
