Showing posts with label Dissolution of Muslim Marriages Act1939. Show all posts
Showing posts with label Dissolution of Muslim Marriages Act1939. Show all posts

Tuesday, 28 November 2023

What are the grounds for dissolution of marriage under the Dissolution of Muslim Marriage Act 1939?

 As per S 2 of the Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim Law can obtain a decree for the dissolution of her marriage on the following grounds:

  1. The whereabouts of the husband have not been known for a period of four years.{Missing}

  2. The husband has neglected or failed to provide for her maintenance for a period of two years.

  3. The husband has been sentenced to imprisonment for a period of seven years or more.

  4. The husband has failed to perform marital obligations without reasonable cause  for a period of three years.

  5. The husband has been impotent at the time of marriage and continues to be so.

  6. The husband has been insane for a period of two years or is suffering {from leprosy}deleted or a virulent venereal disease.

  7. She was married before she attained the age of fifteen years and she has repudiated the marriage before attaining the age of  eighteen years:

  8. The husband has treated her with cruelty.

9. On any other ground which is recognized as valid for the dissolution of marriage under muslim law

      These are the grounds on which a woman married under Muslim Law can seek a decree of dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939.


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Saturday, 18 November 2023

Important provisions of Dissolution of Muslim Marriages Act, 1939

 2. Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from 2[* * *] a virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years:

Provided that the marriage has not been consummated;

(viii) that the husband treats her with cruelty, that is to say,—

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical illtreatment, or

(b) associates with women of evil repute or leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;

(ix) on any other ground which is recognised as valid for the dissolution of marriages under Muslim law:

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