VI of , Protection of Women (Criminal Laws Amendment) Act. Cite as, Pakistan: The Dissolution of Muslim Marriages Act [Pakistan], , available at: . 5 Aug in order to ensure that Muslim women have equal opportunities (1) This Act may be called the Dissolution of Muslim Marriage Act, 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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Ot may be white or black or cause the skin to wither away. Although the husband was a drunkard but the wife had not expressly admitted even mental cruelty by husband in clear terms.
The faulty conduct of the wife due to which she is not entitled to get maintenance under Muslim law is a very good defense against her suit for judicial divorce. If he fails to maintain the wife, she may seek divorce on this very ground.
Refworld | Pakistan: The Dissolution of Muslim Marriages Act
The real test is, whether the disposal hurts the feelings of the wife or not. If the husband does not make any application, the decree for dissolution of marriage is passed immediately. Accordingly, the Court dissolved the marriage.
Such failure of the husband without reasonable justification for at least three years entitles the wife to get a decree for dissolution of the marriage. However, it is respectfully submitted that the view taken by the Kerala High Court needs reconsideration, and the correct law on this point appears to be that under this clause a wife may get a judicial divorce only where the husband does not maintain her without any reasonable excuse.
The court issues notice to all such persons to appear before it and to state if they have any knowledge about the missing husband. Parvez Sultana married him. 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.
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The Hanafi jurists, however, have clearly laid down that in cases in which the application of Hanafi law causes hardship, it is permissible to apply the provisions of the “Maliki, Shafi’s or Hambali law”.
This site uses Akismet to reduce spam. Thus, by this Bill the whole law relating to dissolution of marriages is brought at one place and consolidated in the hope that it would supply a very long felt want of the Muslim community in India.
But its scope was limited only to physical tortures; mental cruelty by husband was not a sufficient ground for dissolution of marriage. Log in to leave a comment. Thereafter both the husband and wife filed a joint application for divorce by mutual consent.
The Dissolution of Muslim Marriages Act 1939
Where the wife lived separately because the husband had not paid her prompt dower on demand, it was held by the Patna High Court that since there was a reasonable excuse for living separately, the wife was entitled to get a decree for divorce disaolution the ground of not providing maintenance to her. If the husband is unable to maintain his wife due to poverty, unemployment, imprisonment, ill-health or any other misfortune, even then the wife has a right to get the decree for dissolving her dissolition.
Where the husband is successful in proving his potency within the period of one year, the decree of divorce cannot be passed. 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 Similarly, if the husband habitually abuses the wife or repeatedly makes insulting statements against her character, the conduct of the husband may be regarded as mental cruelty against the wife.
Rights to kf not to be affected 6. For example, if a husband sells the wedding-ring of the msrriages against her wishes, then although its value may be small, but it may be sufficient to hurt her sentiments. The Act also repealed the Shariat Application Act, Induring the Mqrriages regime in India, the Dissolution of Muslim Marriage Act was enacted which prescribed the rules to be followed by Muslims in obtaining divorce.
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. Moreover, even if this disease has been infected to the husband by the wife herself, she is entitled to get divorce on this ground.
Decree for the dissolution of marriage on the ground of mental cruelty is to be given only when the husband frequently ill-treats the wife, and the court is satisfied that mualim to malicious behaviour of the husband it is impossible for the spouses to live together.
A husband is said to be impotent if he is unable to perform sexual rissolution with his wife. It is submitted, that where the husband deserts the wife or does not cohabit with her without any reasonable excuse, it amounts to failure of the husband to perform marital obligations.
The wife refused to do so because according to her beliefs this was against the Islamic way of life. But this Act has made dissolution changes in the law of option of puberty Khyar-ul-Bulugh by a wife:. Parvez Sultana was a science graduate and she wanted to take admission maarriages a college for medical studies. 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 years without any reasonable excuse.
Disolution also filed suit for the restitution of conjugal rights. 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. After this, Ziauddin filed dissolutiion criminal complaint under Section I. Such interpretation which subjects the wife to this queer predicament cannot be marriagez, according to the court; Abdul Azeem v.
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Grounds Available to Muslim Wife for Divorce under Dissolution of Muslim Marriages Act, 1939
It is a small legislation with five sections. But, if the husband is unable to prove the charge, a decree for the dissolution of her marriage is passed by the court.
Section 2 i provides that if the husband is missing and his whereabouts are not known for a period of four or more years, the wife may file a petition for the dissolution of her marriage. 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 who would have been legal heirs of the husband upon his death.