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“Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the High Court while exercising its inherent power can proceed to quash the proceedings.”
“Insisting upon continuation of a marriage which exists only in law, and not in substance, would amount to compelling the parties to endure a relationship devoid of any matrimonial foundation, thereby causing avoidable hardship rather than advancing the object of the statute.”
“When parties to the Muslim marriage come to an agreement to mutually dissolve their Nikah, they are at liberty to do so, and by virtue of this mutual agreement (Mubaraat), the Nikah stands dissolved.”
“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”
The High Court noted that Divorce via Mubarat i.e. Mutual Consent, is an accepted form of Divorce under Muslim Personal Law and there is no impediment for Family Courts to recognise the same and declaring the status of the parties.
“The parties seeking divorce by mutual consent shall not be compelled to furnish or withdraw their consent for a decree of dissolution of marriage since the key and chief component for such a decree is free and unblemished consent.”
High Court of Bombay: While considering the appeal filed by the appellant/wife against the impugned judgment and order passed by the Family Court