JUDICIAL DIVORCE AT SUIT OF WIFE The Dissolution of Muslim Marriages Act, VIII of 1939 The Dissolution of Muslim Marriages Act was passed in order 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. The Act came into force on the 17th March, 1939 and lays down the following grounds of divorce. Section 2 of Dissolution of Marriages Act, 1939 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 year; 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 taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961; iv. That the husband has been sentenced to imprisonment for a period of seven years or upwards; v. That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; vi. That the husband was impotent at the time of the marriage and continues to be so; vii. That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; viii. That she, having been given in marriage by her father or other guardian before she attained the age of sixteen years; repudiated the marriage before attaining the age of eighteen year provided that the marriage has not been consummated; ix. That the husband treats her or makes 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 Quran x. On any other ground which is recognized as valid for the dissolution of marriage under Muslim Law. Provided that: a. 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 authorized 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 b. 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 impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground. Where a marriage is dissolved by a decree of the Family Court, the court shall send by registered post, within seven days of the passing of the decree, a certified copy of the same to the appropriate Chairman, and upon the receipt of such copy, the Chairman shall proceed as if he had received an intimation of talaq / divorce required to be given under this Ordinance and the talaq/ divorce will be effective after 90 days of such intimation and where the decree for dissolution has been obtained by the wife on her suit it is necessary for the wife to independently inform the Chairman, Union Council, about the decree and also to send a notice thereof to the husband in a formal manner.
Posted on: Fri, 06 Sep 2013 16:35:51 +0000