All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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76.

Mubaraat at under Muslim law refers to

A: Divorce at the instance of Wife
B: Cruelty
C: Dissolution of marriage with mutual constent
D: Ila

The answer is: C

Explanation

The correct option is C: Dissolution of marriage with mutual consent.

This is because Mubara'at is a form of divorce in Muslim law that takes place when both the husband and the wife agree to end their marriage and free each other from their marital obligations. The word 'mubara'at' means 'freeing one another mutually. Mubara'at can be initiated by either party, and does not require any specific reason or ground for divorce. Once the offer and acceptance of mubara'at are made, the divorce becomes irrevocable and effective immediately. The parties have to observe the period of iddat (waiting period) after the divorce, and may have to pay or receive some compensation depending on their agreement.

Option A is incorrect because divorce at the instance of wife is not mubara'at, but khula or talaq-e-tafwid. Khula is a form of divorce in which the wife initiates the dissolution of marriage by offering some consideration to the husband, such as returning the dower or giving up her property rights. Talaq-e-tafwid is a form of divorce in which the husband delegates his power of pronouncing talaq to the wife, either at the time of marriage or later, and the wife exercises this power under certain conditions agreed upon by them.

Option B is incorrect because cruelty is not mubara'at, but a ground for judicial divorce under Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939. Cruelty means any conduct that causes physical or mental harm to the spouse, or makes their life intolerable or unsafe. A Muslim woman can file a petition for divorce in a court of law on the ground of cruelty by her husband, and the court can grant a decree of dissolution of marriage after considering the evidence and circumstances of the case.

Option D is incorrect because ila is not mubara'at, but a form of constructive divorce in which the husband takes an oath to abstain from sexual intercourse with his wife for a period of four months or more. If he does not resume cohabitation with his wife within this period, the marriage is dissolved by ila. However, if he resumes cohabitation within this period, the ila is cancelled and the marriage continues.