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.
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When the proposal of divorce proceeds from the husband, it is called ‘Talaq’ and when it takes effect at the instance of the wife it is called ‘Kholaa’. But that was a certificate dated 1. The main object of enacting the Dissolution of Muslim Marriages Act was to bring the law as administered in this subcontinent into conformity with the authoritative texts.
Thus the divorce is “the most disliked of lawful things in the sight of God. At this stage, the husband has two alternatives.
The Dissolution of Muslim Marriages Act, – Family Law
For example, under this clause, a wife may seek her divorce by judicial decree on the ground of false charge of adultery against her Lian. Where a husband compels his wife to lead an immoral life, his conduct is obviously a mental cruelty against his wife. He was not treating her equally with other wives. dissolutioon
Therefore he did not have a legal obligation to maintain her. However Muslim law, as applied in India, does not follow this real spirit which the Holy Quran and the Prophet declared. The husband cannot be compelled to go on providing maintenance to enable the wife to lead an immoral life. A husband is said to be impotent if he is unable to perform sexual intercourse with his wife. In the cases in which it has been held that there could be no failure to maintain, unless the wife was entitled to enforce a claim for maintenance, the plain ordinary meaning of the words, it seems to me, was intentionally departed from, on the express ground that the ordinary meaning of the words was not the one which could really have been intended, dissolution of muslim marriages act 1939 the really intended meaning had been sought to be expressed, rather unhappily, by the use of words which in fact had a different meaning; and the supposed intended meaning which necessarily involved importing into the enacted words something which was not there, was then preferred to the ordinary meaning; on the supposition that unless that was done an abrogation of the general Muhammadan Law and a startling state of affairs would result The husband made an application before the court seeking an order for proving his potency.
If he fails to maintain the wife, she may seek divorce on this very ground. But it has got a religious sanction as well. Let us grow stronger by mutual exchange of knowledge.
But its scope was limited only to physical tortures; mental cruelty by husband was not a sufficient ground for dissolution of marriage.
There are several matrimonial obligations of the husband under Muslim law. That is the Chief merit of this Bill. The Act neither specifies the form of leprosy nor its duration. Parvez Sultana was a science graduate dissolution of muslim marriages act 1939 she wanted to take admission in a college for medical studies. The result therefore is both the second appeals fail and are dismissed, in the circumstances, without any order as to costs. The appellant, here-in-below referred to as ‘husband’ married the respondent on 7.
The Quranic provision regarding equal treatment to two or more wives has already been discussed. It was held by the Court that the conduct of the dissolution of muslim marriages act 1939 cannot be treated as cruelty against the wife, Abdul Rahman, J. If a Muslim husband accuses his wife of adultery and of being unchaste, he has to prove it if the husband fails to dissolution of muslim marriages act 1939 the charge of adultery and his allegation is found to be false, and then wife is entitled for the dissolution of her marriage on the ground of Lian.
That was why her applications seeking maintenance had been dismissed by the competent courts. He contended that he had never deserted her.
The decree passed by the court on this ground becomes effective only after the expiry of six months, dissolution of muslim marriages act 1939 the date of such decree. She had left his house for no reason. The question whether there was a failure to maintain was a pure question of fact, which did not in any manner depend upon the circumstances in which the failure had occurred In such circumstances the finding in that regard has to be reversed.
It was an admitted case dissolution of muslim marriages act 1939 Court below that the husband did have other wives. A1 by examining the person who had issued the certificate or bringing the document musllim on which Ext.
Thus, while giving some additional grounds of divorce to a Muslim pf, the Act has not affected her right of divorce on the ground already available under pure Muslim law.
The words “without reasonable cause” are significantly absent in clause ii. Thus the trial court found that the wife was not entitled for declaration that there was a divorce dissoution the husband.
It applies to Muslim wives of any sector school. Dissolution of muslim marriages act 1939, then, is a natural corollary to the conception of marriage as a contract. When the consistent view followed by this Court in these three decisions, accepting the view taken by Tayabji, C.
A very strong select committee which included Sri. Jobs Coaching Events Bare Acts.
The Dissolution of Muslim Marriages Act, 1939
Abdulla AIR Sind. The husband may withdraw his allegations any time before the end of the trial. Divorce has to be viewed in this perspective by every one who deals with Dissolution of muslim marriages act 1939 law and not lightly. After this, Ziauddin filed a criminal complaint under Section I. He did not provide maintenance to the plaintiff admittedly. A husband may not maintain his wife either because he neglects her or because he has no means to provide the maintenance.
Under Section 2 vii a wife can obtain a decree for dissolution of her marriage if her marriage was contracted by her father or any other guardian during her minority. But in the decision in Smt. Forms Scorecard Today’s Birthdays. In this case, the wife filed petition for dissolution of marriage under the Mulsim.