ORDER : A.Y. KOGJE, J. 1. Present First Appeal is preferred under Section 19 of the FAMILY COURTS ACT , 1984 against judgment and decree dated 19-03- 2025 passed in Family Suit No.3012 of 2024 passed by the Family Court No.4 at Ahmedabad. 2. By the impugned judgment and decree, the plaint, which was filed for dissolution of Muslim marriage under Section 2 (ix) of the Dissolution of Muslim Marriages Act, 1939, came to be rejected under Order-7, Rule-11 of CIVIL PROCEDURE CODE , 1908. While doing so, the Family Court has concluded that the appellant-wife has not stated exact ground on which, she seeks dissolution and when marriage is already dissolved under Muslim Law, it is not permissible for the Family Court to pass decree of dissolution of the same marriage. 3. The Court has held that the Family Court is not for certification of talaq / divorce, which is already legally executed. Therefore, unless statue provides for the Family Court to dissolve marriage between the parties under the Muslim Law or any other form of marriage and as there is no law to dissolve the muslim marriage by way of decree, when the marriage is already legally dissolved under the Muslim Law, suit is not maintainable under Section 2 (ix) of the Dissolution of Muslim Marriages Act, 1939 and therefore, in exercise of Order-7, Rule-11 of CIVIL PROCEDURE CODE , 1908, the plaint is rejected. 4. The parties before the Court have unanimously agreed to dissolve the Muslim Marriage (Nikah) between them and the facts in brief are as under: 4.1 The appellant got married with the respondent on 02.01.2015 at Ahmedabad as per rites and rituals of Muslim Shariat and they were blessed with two sons, Ibrahim and Muhammad. Due to irreconcilable differences in thoughts, habits, and preferences, the couple was unhappy and unable to live together, so they started living separately since July, 2022, and all attempts for their reconciliation failed. 4.2. It has been further submitted by the appellant that on 10.03.2024, the opponent pronounced "Talak-e-ehsan" (Islamic divorce), which the appellant accepted and she completed her Iddat period from 10.03.2024 to 26.06.2024. The opponent paid Rs.77,000/- as maintenance during this period and had already settled the Mehar amount at the time of marriage. 4.3. 4.2. It has been further submitted by the appellant that on 10.03.2024, the opponent pronounced "Talak-e-ehsan" (Islamic divorce), which the appellant accepted and she completed her Iddat period from 10.03.2024 to 26.06.2024. The opponent paid Rs.77,000/- as maintenance during this period and had already settled the Mehar amount at the time of marriage. 4.3. It has been further submitted by the appellant that after having lived apart for 2.5 years, both the parties had agreed to dissolve their marriage. It has been agreed that the appellant would have sole custody of the children and the opponent would pay Rs.11,000/- monthly per child for their upbringing (increasing 10- 15% annually with inflation) and covering all educational expenses (school fees, books, uniforms, gadgets, etc.). The opponent shall have visitation rights on weekends, holidays, and vacations, coordinated with the appellant’s convenience. Both parents will jointly monitor the children's progress and attend school-related activities. 4.4. It has been further submitted by the appellant that the opponent has undertaken to fully fund the children's education, extra-curricular activities, birthdays, and travel needs. Additionally, he will pay the appellant Rs.15,000/- as monthly maintenance (increasing 108 yearly) until she remarries or improves her financial situation. He owes her Rs.7,70,000/- for gold and credit card expenses, of which Rs.5,00,000/- has been paid, with the remaining Rs.2,70,000/- due by 22.12.2024. Both parties also agreed not to pursue legal action against each other. 5. The Muslim Law recognizes divorce (talaq) through various modes, two of the modes which are recognized are ‘khula’ and ‘mubaraat’. Dissolution of muslim marriage in the form of flow chart, which is as under:- 6. The procedure recognizes a dissolution of Nikah by way of Talaq, Ila, Zihar, Lian, khula and mubaraat. Of the aforesaid, process of divorce in Muslim Personal Law, Khula is a process which is exclusively available to Muslim women, whereas mubaraat is available to the Muslim women with mutual consent agreement with the husband. The Court may refer to the discussion of Dr. Paras Diwan in his Text Book ‘Family Law’, wherein in Chapter 12 of divorce by mutual consent while referring to the divorce my mutual consent under various Personal Laws, he has referred to Hadith which is a collection of the traditions of Prophet Mohammad arising out of Quran. The Court may refer to the discussion of Dr. Paras Diwan in his Text Book ‘Family Law’, wherein in Chapter 12 of divorce by mutual consent while referring to the divorce my mutual consent under various Personal Laws, he has referred to Hadith which is a collection of the traditions of Prophet Mohammad arising out of Quran. Mubaraat or Mubaraa, according to the writer is a process when aversion is mutation, proposal of divorce may emanate from either side, which is called Mubaraa and drawing differences between Khula and Mubaraa, the writer has differentiated the Khula to be initiation by the wife to be released from Nikah to which the husband agrees for consideration, whereas in case of Mubaraa, it is both the parties who have bonafide feeling that the bond of marriage has come to an end and it is desirable that the parties separate out. Under the Muslim law, Mubaraa is treated to be an irrevocable divorce, however, the requirements of Mubaraa on the part of the wife are similar to that when the divorce is by way of Khula i.e. the wife has to undergo in iddat. The roots of the Mubaraat can be traced into Holy Quran. The Court refer to the revised Edition of the English translation and commentary of Arabic text of the Holy Quran by Maulana Muhammad Ali printed in Lahore, Pakistan being 6 th Edition of 1973, where the relevant Quran verse for our purpose are verse 128, 129, 130, which are as under: “128 And if a woman fears ill-usage from her husband or desertion 832 no blame is on them if they effect a reconciliation between them. And reconciliation is better. And avarice is met with in (men's) minds. And if you do good (to others) and keep your duty surely Allah is ever Aware of what you do. 129 And you cannot do justice between wives, even though you wish (it), but be not disinclined (from one) with total disinclination, so that you leave her in suspense. And if you are reconciled and keep your duty, surely Allah is ever Forgiving, Merciful. 130 And if they separate, Allah will render them both free from want out of His ampleness. And Allah is ever Ample-giving, Wise.” 7. And if you are reconciled and keep your duty, surely Allah is ever Forgiving, Merciful. 130 And if they separate, Allah will render them both free from want out of His ampleness. And Allah is ever Ample-giving, Wise.” 7. In the facts of the case, divorce has been pronounced in the form of "Talak-e-ehsan" and the appellant has admittedly accepted and completed iddat period and Mehar amount is also settled. Therefore, there is no dispute between the parties for dissolution of marriage. The Family Court has committed an error in holding that it is not permissible for the Family Court to dissolve the Muslim Marriage, which is already dissolved. In this connection, Section-7 of the FAMILY COURTS ACT , particularly Clause-(b) to the explanation to Section-7 provides for filing of a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person. Family Suit No.3012 of 2024 filed by the appellant-wife, wherein prayer clauses are as under: “A. This Hon’ble Court may be pleased to Pass an Order/Judgment and Decree for Divorce (Dissolution of Marriage) by Dissolving the Marriage of the parties held on 2 nd January 2015, at Ahmedabad, Dissolved permanently in the Interest of Justice. B. This Hon’ble Court may be pleased to Pass an Order/Decree of Cancelling the Registration of Marriage being Serial No.0000092 of Volume 1 of Registrar of Marriages mentioned under the Gujarat Registration of Marriage Act, 2006, registered at Sarkhej Ward, Ahmedabad. C. Other Relief be granted as the Hon’ble Court may deed fit and proper in the present facts and circumstances.” 8. In the opinion of the Court, prayer clause would amount to suit for declaring validity of the marriage as also marital status of both the parties and would therefore have fallen within jurisdiction of Family Court as defined under Section-7 of the FAMILY COURTS ACT . 9. The Court could have relegated the matter back to the Family Court for undertaking trial as the Family Court has simply rejected suit by invoking Order-7, Rule-11 of CIVIL PROCEDURE CODE , 1908. 9. The Court could have relegated the matter back to the Family Court for undertaking trial as the Family Court has simply rejected suit by invoking Order-7, Rule-11 of CIVIL PROCEDURE CODE , 1908. However, considering the prayer made by both the appellant and respondent, who are quite young in age and desirous of starting their new life afresh, the Court has acceded to request made by respective Advocates and by applying principle of mubaraat declared the marriage Nikah solemnized on 2 nd January 2015, as having been dissolved. 10. The Court also has taken into consideration averments made by both the sides regarding fulfilling of their respective obligations under mubaraat i.e. to have followed the Iddat period and settlement of any financial requirement as is required under the Personal Law. 11. With the aforesaid, the First Appeal stands allowed. The judgment and decree dated 19-03-2025 passed in Family Suit No.3012 of 2024 passed by the Family Court No.4 at Ahmedabad is ordered to be quashed and set aside. The Marriage dated 2 nd January 2015 at Ahmedabad is declared to be dissolved. The Registry is directed to draw a decree of dissolution of marriage by mutual consent accordingly, the parties are directed to bear their own cost.