In a recent case of the Gujarat High Court, a Muslim couple separated by a quick proceeding.
The facts of the case are- Rashida Rassiwala married Mr. Abbas Lativala in 2002 and the couple separated in 2011, consensually, and the husband even remarried after the divorce. Both applied to the family court for the decree of divorce where Justice Gokani rejected the appeal because of which the case went to the High Court.
Justice Pardivala was the hon’ble Judge in this case. Both the parties have agreed that the divorce happened and they have applied for official decree and for other documents. They have also requested for a quick trial as they have mutually agreed and there is no dispute. This method was adopted by the parties as the provision similar to the mutual consent in HMA is absent in that of Muslim Personal Law.