Dissolution of Muslim Marriage Act, 1939–Sec. 2(viii)(a)–Denial from granting the decree of dissolution of marriage–Justification–Admitted case of the appellant and respondent that the respondent pronounced talaq upon the appellant in accordance with the Muslim Law and the plaintiff accepted the said pronouncement–Findings of Family Court on this issue are liable to be reversed–Further, the agreement executed between the parties was not a mere consensual agreement simpliciter but it was a mubarat–The Appellant received full amount of mehr, maintenance for the period of iddat and a lumpsum amount towards her lifelong maintenance from the defendant–The respondent had also returned the appellant’s entire stridhan–Held, appellant is entitled to get the decree of dissolution of marriage by way of mubarat, recognized under the Muslim Personal Law.
