divorce
ambika.S
(Querist) 09 January 2011
This query is : Resolved
Sir,
Can an muslim file a suit for dissolution of his marriage? whether it is legalised?
Vijayendra Navale
(Expert) 09 January 2011
Ya Muslims' can seek divorce under Dissolution of Muslim Marriage Act.
Devajyoti Barman
(Expert) 09 January 2011
Only the wife can file such suit , not the husband.
R.venkatesh Naidu
(Expert) 10 January 2011
Under the dissolution of muslim amarriage act, 1939, section.2 says, "A woman marrieid uinde Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any on or more of the following grounds namely:-
i)that athe whereabout of the husband have not been known for a period of four years;
ii) That athe husane had neglegcted or has failed to provide for her manintenance for a period of two years;
iii) That the husband has been senctenced to imprisonment for a period of seven years or upwards'
iv) that the husband has failed to perform, without reasonable cause his marital orbligations for a period of three years;
v) that athe husband was impotent at athe time of marriag and continues to be so;
vi) that athe husband has been insane for a peiod of two years or is suffering from leprosy or a virulent venereal disease;
vii) that she, haveing been given in marriagae by her fathr or other guardian befre she attained the age of fifteen yuears, repudiated the marriage before attaning the age of eighteen years;
provided that tahe marrage has not been consummated;
viii) that the husband treats her with cruelty that tis to say:-
a) habitually assulats 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 forceher to lead an immoral life, or
d)disposes of her property or prevents her excersing her legal rights over, or
e) obstructs her in the observance of hr religious proression or practice, or
f) if he has more wives than one, does not treat her equitably in accorance wth the injunctions of the Quran;
xi)on ay other ground which is recognised fas valid for the disolution of the marriages under Muslim law;
provided that-
a) no decree shall be passed on ground (iii) untill te 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 satisfes the court that he is prepared to perform his conjugal duties, the court shall set aside the said decree; and
c) before passin a decree on ground (v) the court shall on application by th husband, make an order requirng the husband to saisfy 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 withini such period, no decree whall be passed on the said ground.
