Under Muslim Law, Marriage is a contractual relationship between two parties. All the essentials that are needed for a contract are available under Muslim Marriage. The purpose of such a form of marriage is to Legalising sexual intercourse and the Procreation of children. A Muslim marriage may be dissolved by the Courts of India under Section 2 of the Dissolution of Muslim Marriage Act, 1939 under certain circumstances which are as follows: -
II. GROUNDS FOR DISSOLUTION
- Long absence of Husband: Whereabouts of the husband has not been known for a period of four years.
- Failure to maintain wife: If a husband fails to provide the maintenance to his wife for a period of two years. There is no protection available before husband on the ground of poverty, failing health or unemployment.
- Imprisonment of Husband: If the husband is detained for seven years or more.
- Failure to perform marital obligation: If, with no sensible reason, the spouse can't play out his marital obligations for three years.
- Impotence of Husband: Husband was impotent at the time of marriage and keeps on being so.
- Insanity, Leprosy or Venereal disease: If the spouse is crazy or experiencing sickness, or any venereal sickness from a time of two years, legal separation by wife can be guaranteed on similar ground.
- Option of Puberty: If a girl is married before the age of 15 years by her father or guardian, then she has been provided with a right to repudiate such marriage after attaining the age of majority that is 18 years of her age provided that marriage is not consummated. She is qualified for legal separation for the equivalent.
- Cruelty: Remorselessness by spouse assuming the husband treats his better half with mercilessness, she can move toward the Court and case for an announcement of legal separation on similar ground.
- Other grounds of dissolution in Muslim law: The wife is also entitled to obtain a divorce on the ground recognised valid under the law.
III. CASE REFERENCES
In the case of Gul Mohd. Khan v. Hasina; the wife documented a suit for the disintegration of marriage on the ground of impotency. The husband made an application under the steady gaze of the court looking for a request for demonstrating his strength. The court permitted him to demonstrate his potency.
In the case of Itwari v. Asghari; the Allahabad High Court saw that Indian Law doesn't perceive different kinds of cruelty, for example, 'Muslim cruelty', 'Hindu cruelty, etc, and that the trial of cruelty depends on universal and humanitarian guidelines; in other words, lead of the husband which would cause such bodily or mental agony as to imperil the wife's security or wellbeing.
In the case of Aboobacker v. Mamu koya; the husband used to urge his wife to put on a sari and see pictures in the film. The spouse would not do so in light of the fact that as per her convictions this was against the Islamic lifestyle. She looked for separate on the ground of mental remorselessness. The Kerala High Court held that the lead of the spouse can't be viewed as brutality since simple take-off from the guidelines of choking out universality doesn't establish un-Islamic conduct.
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