Divorce under dissolution muslim of marriage act 1939

gopinadh (Querist) 23 December 2012 This query is : Resolved
Respected seniors,

whether the muslim husband entitled to file a petition for seeking dissolution of marriage under dissolution of muslim marriage act 1939 or not?

plese clarify me.

Follow Query

Report Abuse

V R SHROFF (Expert) 23 December 2012
Read the ACT:

It is for Women ONLY. [ Husband can go to Mulla for Talaq. ]

Though yours is academic Query, and u r not personally concerned, sending the Act 1939.

The Dissolution of Muslim Marriage Act, 1939
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of
marriage by women married under Muslim law and to remove doubts as to the effect of the
renunciation of Islam by a married Muslim woman on her marriage tie.
Whereas it is expedient to consolidate and clarify the provisions of Muslim law relating to suit for
dissolution of marriage by women married under Muslim law and to remove doubts as to the
effect of the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby
enacted as follows:
1. Short title and extent. (1) This Act may be called the Dissolution of Muslim Marriages Act,
1939.
(2) It extends to the whole of India i[1] [except the State of Jammu and Kashmir].
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 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 2
period, no decree shall be passed on the said ground.
Comments
Section 2 of the Act deals with the right of a woman married under Muslim Law to obtain a decree
for dissolution that her husband assaults her or makes her life miserable by cruelty. If any incident
perpetrated by the husband with cruelty had made her communal life miserable then that would
amount to cruel treatment as envisaged in the clause. Held, it was a cruelty to force a young
woman, who was desirious of becoming a mother, to abort her pregnancy and some drug was
administered to her and miscarriage occurred consequently. (Siddique v. Amina, 1996(1) DMC
87)
3. Notice to be served on heirs of the husband, when the husband's whereabouts are not
known. In a suit to which clause (i) of Section 2 applies
(a)the names and addresses of the persons who would have been the heirs of the husband under
Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint,
(b)notice of the suit shall be served on such persons, and
(c)such persons shall have the right to be heard in the suit:
Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he
or they are not heirs.
4. Effect of conversion to another faith. The renunciation of Islam by a married Muslim woman
or her conversion to a faith other than Islam shall not be itself operate to dissolve her marriage:
Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a
decree for the dissolution of her marriage on any of the grounds mentioned in Section 2:
Provided further that the provisions of this section shall not apply to a woman converted to Islam
from some other faith who re-embraces her former faith.
5. Rights to dower not to be affected. Nothing contained in this Act shall affect any right which
a married woman may have under Muslim law to her dower or any part thereof on the dissolution
of her marriage.
6.[Repeal of Section 5 of Act 26 of 1937. Rep. by the Repealing and Amending Act, 1942
(25 of 1942)].