Divorce of Muslim Marriage
Rajaram C Iyer
(Querist) 19 November 2008
This query is : Resolved
Dear Learned Memebers,
Please let me know the procedure for dissolution of muslim marriage from the womens point of view. How to invoke the Dissolution of Muslim Marriages Act, 1939
thanks
G. ARAVINTHAN
(Expert) 19 November 2008
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 upward;
(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 leprosy or 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 ill-treatment, 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:
Provided that-
(a) No decree shall be passed on ground (iii) until the sentence has become final;
(b) A decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfied the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and
(c) Before passing a decree on ground (v) the Court shall, on application by the husband, made an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.
arunprakaash.m.
(Expert) 20 November 2008
Petition can be files at family court or dist court where the woman resides .
