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Pia Dutta (other)     22 April 2011

Irretrievable break down of marriage

Am 22yrs old and I was married in 2006 with an Muslim guy according to Muslim marriage act 1939 and i have signed a affidavit paper however never gave any advertisement on papers and my husband is in army.We stayed
together for three month with gap of 6months and in 2008 we decided mutually to part way and since then we did not stay together.And since then my husband never took interest in filing the papers for our divorce
I do not have any copy of marriage certificate.I would like to file suit for the dissolution of marriage under “Dissolution of Muslim  Marriage Act 1939” on the ground of “irretrievable break down of marriage”.


I would like to know how much time it takes to get divorced and how much its going to cost and is their any other ground on which i could file a case for divorce or annulment



Learning

 6 Replies

hema (law officer)     22 April 2011

These are the grounds a muslim woman can seek divorce under the Act, 1939.

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.

1 Like

Arup (UNEMPLOYED)     22 April 2011

I do not have any copy of marriage certificate.

---   try to get it. Otherwise you have to give some prove of a valid marriage.

I would like to file suit for the dissolution of marriage under “Dissolution of Muslim  Marriage Act 1939” on the ground of “irretrievable break down of marriage”

---   Bellow is the “Dissolution of Muslim  Marriage Act 1939” there is no such ground of “irretrievable break down of marriage”

I would like to know how much time it takes to get divorced and how much its going to cost and is their any other ground on which i could file a case for divorce or annulment.

---   study the bellow act.

Choice a suitable ground, ground should be match/ fit to your case.

If any problem, post it here.

 

THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939.ACT No. 8 OF 1939.[17th March, 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 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;

It is hereby enacted as follows: -

1. (1) Short title and extent.-This Act may be called the Dissolution of Muslim Marriages Act, 1939.

(2) It extends to the whole of India 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 reason-

able 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 miser-able 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 satisfies 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, make 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

213.impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.

3.Notice to be served on heirs of the husband when the husbands 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 by 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 reembraces 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

1 Like

Pia Dutta (other)     24 April 2011

Thank you so much for your reply .

After reading the grounds of dissolution of marriage,i think the best suited ground for my case would be 2.(ii) that the husband has neglected or has failed to provide for her maintenance for a period of two years.


Please tell me that how much time it takes if I apply for divorce on the above mention ground and what are the documents i would need ??

Is there any way to obtain a duplicate marriage cerificate??

Pia Dutta (other)     25 April 2011

Sir,

I just read in the forum that a marriage certificate is not valid till both the spouses and the two witness signed in the form and in the register of the marriage registrar.In that case me and my husband never signed in any register however our lawyer made us sign the form along with the witness.so is our marriage certificate valid or invalid ??

Arup (UNEMPLOYED)     28 April 2011

 " me and my husband never signed in any register however our lawyer made us sign the form along with the witness.so is our marriage certificate valid or invalid ??"

 

---   who issued this certificate? how you got it?

" a marriage certificate is not valid till both the spouses and the two witness signed in the form and in the register of the marriage registrar"

---   this is the system of special marriage act and hindu marriage act.

your marriage held  under shariat act. it may be diffrent. however you get it checked.

Arup (UNEMPLOYED)     28 April 2011

you may use sec 2(ii).

but before that get it confirmed that your marriage is valid or not.

if it is unvalid marriage, then you can not get talak.


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