The Dissolution of Muslim Marriages Act, 1939. An Act 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. Nothing in this Act shall affect any right which a married woman may have under Muslim Law to her Dower or any part thereof on the dissolution of her marriage. Rights to dower not to be affected 6. (2) It extends to all the provinces and the Capital of the Federation. A woman married under … Section 2 of the Dissolution of Muslim Marriage Act, 1939 provides the grounds of divorce of Muslim Marriages. Extra-judicial divorce is divided into several parts: effect of the renunciation of Islam by a married Muslim woman on her marriage; it is hereby enacted as follows: 1. 2. 2. Dissolution of Muslim Marriages Act,1939 in Hindi Thursday, 13, Jan, 2022 HC: If allegations made in FIR/complaint and evidence collected do not disclose the commission of any offence, the accused cannot be made to undergo the rigmarole of the criminal trial [Read Judgment] S. 2 of the Dissolution of Muslim Marriages Act, 1939 which sets out that if the husband is suffering from a virulent venereal disease, a woman married under Muslim Law to such person shall be entitled to obtain a decree for dissolution of her marriage. Changes Brought by The Muslim Women (Protection of Rights on Marriage) Act, 2019 During his time overseas, the respondent entered into a marriage with another lady, which lasted till the end of their marriage. [17th March, 1939]An Act 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 … 2. In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2: (a) After clause (ii), the following new clause (ii-a) shall be inserted, namely “(ii-a) that the husband has taken any additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;” and Grounds for decree for dissolution of marriage. This is an outdated text: Section 2 has been amended by the 2006 Protection of Women Act , According to which, in section 2, after clause (vii) the following new clause has been inserted, namely:- “ (viia) lian; Explanation . The Dissolution of Muslim Marriage Act of 1939, Section 2, lists nine grounds on which a Muslim wife can receive a divorce decree: a. Dissolution of Muslim Marriages Act, 1939 Section 2 of this act provided for the ground for a decree for dissolution of marriage. 2 THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 ACT NO. “All other forms of extra-judicial divorce as referred in Section 2 of the Shariat Act are thus available to a Muslim women. S. 2 of the Dissolution of Muslim Marriages Act, 1939 which sets out that if the husband is suffering from a virulent venereal disease, a woman married under Muslim Law to such person shall be entitled to obtain a decree for dissolution of her marriage. This is an outdated text: Section 2 has been amended by the 2006 Protection of Women Act , According to which, in section 2, after clause (vii) the following new clause has been inserted, namely:- “ (viia) lian; Explanation . Seeking a divorce, the woman cited section 2(viii)(f) of … THE DISSOLUTION OF MUSLIM MARRIAGES. Right of dower not to be affected.--- Nothing contained in this Act shall affect any right which … The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. FASKH: It is a statutory Talaq, embodied under section 2 of The Dissolution of Muslim Marriage Act, 1939. Notice to be served on heirs of the husband when the husbands whereabouts are not known 4. Section 2. Short title and extent. Following are the grounds on which divorce can be filed: Analysis and Judgment The Muslim personal law (Shariat) application act. (2) It extends to [all the provinces and the Capital of the Federation]. 2. The Dissolution of Muslim Marriages Act,1939 JUDICIARY CLUB 2. Divorce laws vary considerably around … According to Dissolution of Muslim Marriages Act of 1939, section 2(vii): Firstly, that she was given in marriage by her father or other guardian. ACT, 1939 1 (8 OF 1939) [17th March, 1939] An Act 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. Short title and extent. The Dissolution of Muslim Marriages Act, 1939 (hereinafter referred as the “Act“) provides certain grounds to a Muslim wife for obtaining divorce from a court of law. 1937 governs Muslim marriages. Husband is insane for 2/more years; Husband is not known for 4/more years; Husband treats wife with cruelty etc. – Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.” Section 2 of Dissolution of Muslim Marriages Act, 1939 entitles a woman to obtain a decree of divorce for dissolution of marriage under following grounds: THE DISSOLUTION OF MUSLIM MARRIAGESACT, 1939 An Act 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. Grounds for decree for dissolution of marriage. (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. Analysis of Dissolution of Muslim Marriage Act, 1939 Section 2(i) of DMMA, 1939, states that a married Muslim woman shall be entitled to obtain a decree from the … Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Right to dower not be affected. Husband's Absence– the husband's … Short title and extent 2. (2) It extends to the whole of India 1 [except the State of Jammu and Kashmir].. STATE AMENDMENT Section 1. The result is that apostasy of the husband is still governed by old law under which the renunciation from Islam by a husband will result in … In 1939, during the British regime in India, the Dissolution of Muslim Marriage Act was enacted which prescribed the rules to be followed by Muslims in obtaining divorce. SECTION 2(VII) OF THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939: Section: 2: - Grounds for decree for dissolution of marriage: (vii) 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 years: Provided that the marriage has not been consummated. The respondents took the recourse of Section 2 of the Dissolution of Muslim Marriages Act, Act 8 of 1939. It is amended in 1959 and is applicable to whole of India and to all muslims irrespective of the Sect or School they may belong.Section 2 of the Act runs there under: “ A woman Grounds for decree for dissolution of marriage. Right to dower not be affected. 1 … ... the woman shall be entitled to obtain a decree for the dissolution of … A woman married under Muslim Law is entitled to obtaining a decree for dissolution of her marriage. If she fails to exercise the right after attaining the age of eighteen years, it may be considered as unreasonable delay and her right may be lost. Feeling aggrieved the appellant wife filed a divorce petition on the grounds mentioned in Sections 2(ii), 2(iv), 2(viii) and Section 2(viii) (f) of the Dissolution of Muslim Marriages Act, 1939. Short title and extent. Supra Note,9 2. As for the Judicial Divorce law, under the Dissolution of Muslim Marriages Act, 1939 a wife shall be entitled to obtain a decree for dissolution of her marriage under Section 2 of the Act. 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: There is a list of various acts/omissions on basis of which wife can file divorce suit against her husband in court for e.g. Section 2 of dissolution of Muslim Marriage Act of 1939 provides grounds for dissolution of marriage. Take out the guesswork with The Investor's Guide to Estate Planning for $500k+ portfolios. An Act 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. (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. Section 2 of the Act runs as follows; 2. Unofficial transcript. Dissolution of marriage through a decree of a court of law can be obtained by a woman married under Muslim law on the grounds enumerated in Section 2 of the Dissolution of Muslim Marriages Act. A woman married under Muslim law shall be entitled to obtain a decree for. The dissolution of muslim marriagesact, 1939 1. It however became law on 17th March 1939 and thus stood the Dissolution of Muslim Marriages Act 1939. Short title and extent.- (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. ? THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 (ACT NO. Dissolution of Muslim Marriage Act,1939; INTRODUCTION; Grounds for dissolution of muslim marriage 1) Absence of husband; 2) Failure to provide maintenance; 3)Imprisonment; 4)Failure to perform marital Obligations; 5) Impotency: 5) Insanity: 8) Cruelty; 7)Reasonable grounds; Effect of conversion to another faith Under section 4 of dissolution of Muslim Marriage Act 1939 mere renunciation of Islam by a married woman or her conversion to any other religion cannot by itself operate to dissolve her marriage. The respondents argued that the plaintiff was not 15 years old at the time of her marriage under sub-section (vii). The wife's right for dissolution of marriage is confined to those grounds enumerated in Clause (i) to (xi) of Section 2. THE DISSOLUTION OF MUSLIM MARRIAGESACT, 1939 An Act 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. Repeal of Sections to Act XXVI of 1937: Section 5 of Muslim Personal Law (Shariat) Act, 1937 is hereby repealed. 8 OF 1939 [17th Ma rch, 1939.] Section 2 of Dissolution of Muslim Marriage Act, 1939 states nine grounds on which a Muslim wife can obtain a decree of divorce. Divorce is a dissolution of marital tie. Grounds for decree for dissolution of marriage 3. However, under Section 2(vii) of the Dissolution of Muslim Marriage Act, 1939 a Muslim wife has a right to exercise this option till she attains the age of eighteen years. 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