Scribd
Upload
141 views4 pages

Family Law-II (Muslim Law and Other Personal Laws) : The Dissolution of Muslim Marriages Act, 1939

The document summarizes the grounds for dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939 in India. It outlines 9 grounds that a Muslim wife can use to obtain a decree of dissolution: 1) the husband being missing for 4+ years, 2) the husband failing to maintain the wife for 2+ years, 3) the husband being imprisoned for 7+ years, 4) the husband failing to perform marital obligations for 3+ years, 5) the husband's impotency, 6) the husband's insanity or a virulent venereal disease for the specified periods, 7) the wife's option to repudiate a marriage contracted before age 15, 8) cruelty by the husband

Uploaded by

Srini Vasa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
141 views4 pages

Family Law-II (Muslim Law and Other Personal Laws) : The Dissolution of Muslim Marriages Act, 1939

The document summarizes the grounds for dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939 in India. It outlines 9 grounds that a Muslim wife can use to obtain a decree of dissolution: 1) the husband being missing for 4+ years, 2) the husband failing to maintain the wife for 2+ years, 3) the husband being imprisoned for 7+ years, 4) the husband failing to perform marital obligations for 3+ years, 5) the husband's impotency, 6) the husband's insanity or a virulent venereal disease for the specified periods, 7) the wife's option to repudiate a marriage contracted before age 15, 8) cruelty by the husband

Uploaded by

Srini Vasa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

Family Law-II

(Muslim Law and Other Personal Laws)


By:
Ms. R. Mounika
Asst. Professor
Pendekanti Law College, Hyd.

The Dissolution of Muslim Marriages Act, 1939

Under Section-2 of the Act, a Muslim wife is entitled to obtain a

decree for the dissolution of her marriage on any one or more of the

following nine grounds:

The Husband is missing for Four Years:


If the husband is missing and his whereabouts are not known
for a period of four or more years.
The decree passed by the court on this ground becomes
effective only after the expiry of six months, from the date of
such decree.
If before the expiry of six months, the husband reappears in
person or communicates to the court through his agent and
satisfies the court that he is prepared to perform his conjugal
duties, the court shall set aside the said decree and the
marriage is not dissolved.
Husband's Failure to Maintain the Wife for Two Years:
If the husband has neglected or failed to provide maintenance
to the wife for a period of two or more years.
Failure to maintain the wife need not be wilful.
It may be due to poverty, weak health, loss of work,
imprisonment or any other cause.
Even if the wife is rich, she is entitled to maintenance.
It is to be noted that husband's obligation to maintain his wife
is subject to wife's own performance of matrimonial obligations.
Therefore, if the wife lives separately without any reasonable
cause, she is not entitled to get judicial divorce on the ground
of husband's failure to maintain her because her own conduct
disentitles her for maintenance.

Imprisonment of the Husband for Seven Years:


If the husband has been sentenced to imprisonment for a
period of seven years or more.
No decree can be passed on this ground unless the sentence
has become final.

Failure to Perform Marital Obligations:


If any husband fails to perform his marital obligations for a
period of three years without any reasonable excuse.
The Act does not define marital obligations but for the purpose
of this clause only conjugal obligation may be taken into
account.
Husband's Impotency:
A wife has to prove
(i) That the husband was impotent at the time of the marriage and
(ii) That he continues to be impotent till the filing of the suit.
But before passing a decree of divorce, the court is bound to
give the husband one year time to prove his potency provided
he makes an application for it.
If he is successful in proving, divorce cannot be passed but if
he fails, marriage will be dissolved.

Insanity or Venereal Disease:


If the husband has been insane for a period of two years or is
suffering from a virulent venereal disease.
It is to be noted that virulent venereal disease need not be two
years old, it may be even recent.

Option of Puberty by Wife:


Any wife whose marriage was contracted by her father or any other
guardian before the age of 15 years can repudiate her marriage
before attaining the age of 18 years provided the marriage has not
been consummated.

Cruelty by the Husband:


If the husband treats his wife with cruelty, that is to say–
Habitually assaults her or makes her life miserable by cruelty or
bad conduct even if such conducts does not amount to
physical ill-treatment.
Association of the husband with woman of evil repute or that
he leads an infamous life.
The husband attempts to force his wife to lead an immoral life.
The husband disposes off her property or prevents her from
exercising her legal right over it.
The husband obstructs her in the observance to her religious
profession or practice.

Any other ground which is recognised as valid for the


dissolution of marriage under Muslim Law:
This clause covers the divorces by Ila, Zihar, Khula, Mubarat and
Tafweez.
Imputation of unchastity or a false charge of adultery against the
wife (lian) is also a good ground for the dissolution of her marriage.

Have a nice day. Take care.


THankyou.

You might also like