VI of , Protection of Women (Criminal Laws Amendment) Act. Cite as, Pakistan: The Dissolution of Muslim Marriages Act [Pakistan], , available at: . The Indian legislature is circumspect in introducing major changes in personal laws. The Dissolution of Muslim Marriages Act,. was legislation that sought . Section 2 of the Dissolution of Muslim Marriages Act, , provides that a woman married under Muslim law shall be entitled to obtain a decree for the.
|Published (Last):||16 September 2018|
|PDF File Size:||14.63 Mb|
|ePub File Size:||19.63 Mb|
|Price:||Free* [*Free Regsitration Required]|
Dissolution of muslim marriages act 1939 is thus the basic principle of divorce in Muslim law that “of all things prompted by law divorce is the most hateful in the sight of God.
He contended that he had never deserted her. He dissoluiton not even come to her house inspite of intimation about the birth of the second child. The Act neither specifies the form of leprosy nor its duration. Any conduct of the husband, which may not be a physical ill-treatment, but is of such a nature which makes the life of the wife miserable, is also a cruelty against her. Registered members get a chance to interact at Forum, Ask Query, Comment etc.
Sir, the dissolution of muslim marriages act 1939 merit of this Bill is that it puts down, in the space of one printed page, the various grounds on which divorce may be obtained by a woman married under the Muslim Law.
But that was a certificate dated 1. Accordingly, the Court dissolved the marriage. There was reasonable cause, so far as he was concerned, that he did not give company to her in her own house. Therefore he did dissolution of muslim marriages act 1939 have a legal obligation to maintain her. Marriage as per the Muslim law is in the nature of a contract. The Quranic provision regarding equal treatment to two or more wives has already been discussed.
After this, Ziauddin filed a criminal complaint under Section I.
The Act provides that this disease must be of virulent permanent nature i. Under Section 2 iv a wife is entitled to the dissolution of her marriage if her husband fails to perform his marital obligations for a period of three dissolution of muslim marriages act 1939 without any reasonable excuse.
Subscribe to Judiciary Feed. Section 2 iiiread with proviso alays down that a wife is entitled to get her marriage dissolved by an order of the Court of law if her husband has been sentenced to imprisonment for a period of seven or more years.
It was in the above circumstances the decree of divorce had been granted by the court below.
Dissolution of Muslim Marriages Act
But if the husband is released from the duty on account of the conduct of the dissolution of muslim marriages act 1939 herself, the husband cannot be said to have neglected or failed to provide maintenance. According to her the husband had married two other women. The decisions of this Court relied on by the trial court requires reconsideration as various other High Courts, in similar circumstances, have taken a different view in the decisions in Ahmed Abdul Quadeer v.
The court issues notice marriges all such persons marriagea appear before it and to state madriages they have any knowledge about the missing husband.
As regards mental cruelty as a ground for judicial divorce, two significant points must be noted. But the court ordered that husband should re-examine himself by another Medical Board. Thus the trial court found that the wife was not entitled for declaration that there was a divorce by the husband.
However Muslim law, as applied in India, does not follow this real spirit which the Holy Quran and the Prophet declared. The faulty conduct of the wife due to which she is not entitled to get disolution under Muslim law is a very good defense against her suit for judicial divorce. When all efforts for effecting reconciliation have marrigaes, the parties may proceed to dissolution of marirages marriage by ‘Talaq’ or by ‘Kholaa’. Section 2 vi entitles dissolution of muslim marriages act 1939 wife married under Muslim law, to obtain a divorce on the ground that her husband dissolution of muslim marriages act 1939 insane or is suffering from leprosy or venereal disease.
For if there is justification, there cannot be said to be neglect. On diswolution other hand the trial court found that the dismissal of application for maintenance filed by the wife did not ipso facto prove that the husband did not have an obligation to provide for maintenance of his wife. Divorce in Muslim law is a much debated topic, not only in courts; but among social activists, legislators and even among different groups in the community itself.
Section 2 ii provides that if the husband dissolution of muslim marriages act 1939 neglected or failed to provide maintenance to the wife for two or more years, the wife is entitled to obtain a decree for the dissolution of her marriage.
Grounds Available to Muslim Wife for Divorce under Dissolution of Muslim Marriages Act,
It was an admitted case before Court below that the husband did have other wives. Divorce has to be viewed in this perspective by every one who deals with Islamic law and not lightly. Where a wife files suit in a court dissolutiob law, the husband is called upon to confirm his allegations on oath. In Yusuf Rowthan v. It is to be noted that maintenance here means maintenance of the wife under the provisions of Muslim law and it has nothing to do with Section of the Criminal Procedure Code, which contains independent provisions for the maintenance of wives.
At present, therefore, even after renouncing her religion, the wife dissolution of muslim marriages act 1939 entitled to exercise her rights of divorce etc. In Marroages Rowthan v.
The Dissolution of Muslim Marriages Act, 1939
Sowramma l KLT In view of the decree for ,uslim of marriage, there cannot be a decree in favour of husband for restitution of conjugal rights. Under this clause a wife may seek divorce on any other ground recognised under Muslim law which could not be included in the first eight grounds.
As discussed earlier, beforea false charge of adultery by the husband against his wife Lian was a sufficient ground for judicial divorce under Muslim law. Section 3 provides that where a wife files petition for divorce on this ground, she is required to give the names and addresses of all such persons dissolution of muslim marriages act 1939 would have been legal heirs of the husband upon his death. Moreover, even if this disease has been infected to the husband by the wife herself, she is entitled to get divorce on this ground.
According to him there was no occasion for any ill-treatment or inequitable treatment towards her.
A failure will arise only when there was obligation to maintain.