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Muslims couples can divorce by mutual consent: Chennai Court

By TwoCircles.net staff reporter

A family court in Chennai has granted divorce to a Muslim couple who wanted to nullify their nikaah by mutual consent.

Principal Judge P Devadass considered Islamic jurisprudence to see if it had any provision to dissolve failed marriages by mutual consent.

Hindus, Parsis and Christians are allowed to dissolve their marriage under Special Marriage Act of 1954. The court wondered if Muslims can do the same.

“From the holy Quranic verse and teachings and doings of Prophet Muhammed, views of Islamic scholars and judicial decisions, we learnt that, even before 14 century years, Islam had allowed an end to a meaningless marriage — a marriage on mere paper or by fiction — by mutual consent of spouses,” said the Judge.

The judge ruled “it is a clear case of irretrievable breakdown of nikaah (marriage). They have categorically stated that they do not wish to live together and wish to put an end to their marriage,” while approving that the couple be separated.

Islamic laws allow separation by mutual consent.