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.

Author: Dalrajas Zulkidal
Country: El Salvador
Language: English (Spanish)
Genre: Marketing
Published (Last): 17 February 2007
Pages: 317
PDF File Size: 7.80 Mb
ePub File Size: 18.63 Mb
ISBN: 126-7-43409-965-5
Downloads: 88126
Price: Free* [*Free Regsitration Required]
Uploader: Tolar

He did not give maintenance to her or her children.

Refworld | Pakistan: The Dissolution of Muslim Marriages Act

The husband may withdraw his allegations any time before the end of the trial. They have two children, a daughter of 21 years old and son of 39 years old at the time of the suit.

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. Thus the divorce is “the most disliked of lawful things in the sight of God.

Mohammed Zafrulla Khan and dissolution of muslim marriages act 1939 notable Muslim Scholars examined the Muslim Law and drafted the bill with the greatest care The said provision provides that a wife is entitled to dissolution of the marriage if “the husband had failed to perform without reasonable cause his marital obligation for a period or three years”.

But if he fails to contradict the allegation of the wife, a decree dissolving the marriage is passed.

I therefore, respectfully agree with the reasoning and conclusion of Krishna Iyer, J. A husband may not maintain his wife either because he neglects her or because he has no means to provide the maintenance. But the court ordered dissolution of muslim marriages act 1939 husband should re-examine himself by another Medical Board. Thus, a non- Muslim can also invoke the provisions of this Act if she was married under Muslim law.

He contended that he had never deserted her. Such interpretation of this dissolutino would not only be rational, realistic and modern approach but generally it would also be in consonance with Islamic policy of dissolution dixsolution marriage.


It may be of any duration.

The Dissolution of Muslim Marriages Act, 1939

If a Muslim husband accuses his wife of adultery and of being unchaste, he has to prove it if the husband fails to prove the charge of adultery and his allegation is found to be false, and then wife is entitled for the dissolution of her marriage on rissolution ground of Lian.

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 dissolution of muslim marriages act 1939 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, that 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 dissolution of muslim marriages act 1939 was done an abrogation of the general Muhammadan Law and a startling state of affairs would result This view is sought to be reconsidered by the counsel for the appellant.

But in the decision in Smt. Whether a Muslim wife residing in her own family house and away from her husband, is entitled to claim divorce on the ground under Section 2 ii of the Dissolution of Muslim Marriage Act,hereinafter dissollution to as the Act, mus,im her husband “has neglected or has failed to provide for her maintenance for a period of two years”, is the main issue muslimm in this case.

If there is no such duty to provide, it cannot be said that the husband has failed to provide maintenance to his wife. After this, Ziauddin filed a criminal complaint under Section I. First, mental cruelty cannot be marriagee. Syed Ziauddin promised in writing that marriaves would give financial help to Diszolution Sultana, for pursuing her medical studies provided she marries with him.


dissolution of muslim marriages act 1939

Parvez Sultana then filed a suit for the dissolution dissolution of muslim marriages act 1939 her marriage on the ground of fraud and non-fulfillment of a written promise which was the basis of her Nikah. Registered members get a chance to interact at Forum, Ask Query, Comment etc. Divorce in Muslim law is a much debated topic, not only in courts; but musllim social activists, legislators and even among different groups in the community itself. Sainba Umma, the Kerala High Court has held that Section 2 ix is a residuary ground where courts have dissolution of muslim marriages act 1939 area of discretion and freedom to dissolve the marriage.

Parvez Sultana was a science graduate and she wanted to take admission in a college for medical studies. In such circumstances she herself had, by her conduct, disabled her to get maintenance.

Grounds Available to Muslim Wife for Divorce under Dissolution of Muslim Marriages Act, 1939

These are the aspects considered by the court below to find that he had not been treating her equitably with other wives and thus he had been guilty of cruelty in that marriaegs to make available the ground under Section 2 vii f to the wife to get dissolution of marriage.

A further case was filed as M. There is, therefore, no justification in introducing the words “without reasonable cause” into Clause ii.

Section 2 ii relates to the husband’s negligence or failure “to provide for her maintenance for a period of two years. But at the same time the incompatibility of individuals and weakness of human nature dissplution certain outlets and safeguards, without ruining the sanctity of the marriage at the dissolution of muslim marriages act 1939 dissoluton human life.