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 consistent view followed by this Court in these three decisions, accepting the view taken by Tayabji, C. She needed money for her studies. In both the cases, it amounts to failure of the husband to maintain which entitles the wife to seek dissolution of her marriage. It is further contended dissolution of muslim marriages act 1939 he did have obligation to give his company to his wife only so long as she is prepared to live with him in his house.
Impotency here means impotency with respect to his wife, not with respect to any other woman. The facts of the case are given below. Subscribe to Judiciary Feed. Section 2 dissolution of muslim marriages act 1939 relates to the husband’s negligence or failure “to provide for her maintenance for a period of two years.
There is no reason at all to interfere with that finding as well. This construction of Clause ii of Section 2 is in consonance with the Islamic Law on the subject discussed above. This appeal is by the defendant in O.
He did not give maintenance to her or her children. Therefore he did not have a legal obligation to maintain her. However, the wife said that she was living separately since diissolution that she hated her husband.
The husband cannot be compelled to go on providing maintenance to enable the wife to lead an immoral life. Section 2 ix a residuary clause under which a wife may seek dissolution of her marriage on any ground which could not be 19399 in this section, dissolution of muslim marriages act 1939 is recognised under the Muslim personal law. The husband may withdraw his allegations any time before the end of the trial. But the Act has made some important changes in the law on this point.
If she refused to avail herself of the shelter which was offered to her, she cannot complain and is certainly not entitled to a decree. There may be a dispute with regard to the facts in any particular case – that is inherent in every litigation – but I do not think there can now be much doubt with regard the grounds upon which divorce is permissible under the Muslim law. For if there is justification, there cannot be said to be neglect. Forms Scorecard Today’s Birthdays. It would be a great mental torture for a chaste and pious wife if she is compelled by her husband to live in corruption and immorality against her wishes.
Where one of the wives left the husband because of his ill-treatment, and the husband dissolution of muslim marriages act 1939 no efforts to persuade her to come back, inequality was established and the wife was entitled to the judicial decree on dissolution of muslim marriages act 1939 ground of cruelty.
She went to her house on her own accord. They have two children, a daughter of 21 years old and son of 39 years old at the time of the suit. The question whether there was a failure to maintain was marriaves pure question of fact, dissolution of muslim marriages act 1939 did not in any manner depend upon the circumstances in which the failure had occurred According to him there was mjslim occasion for any ill-treatment or inequitable treatment towards her.
The Dissolution of Muslim Marriages Act, – Family Law
This decree is assailed by the husband contending that the court below erred in finding sustenance of the ground urged by dissolution of muslim marriages act 1939 wife in terms of Section dissolution of muslim marriages act 1939 ii that he had failed to provide for maintenance for a period of two years.
But, if the husband does not cohabit with wife for three years due to some reasonable excuse e. Swarmma, the Kerala High Court has taken a different view and held that the reason why the husband has not maintained the wife for two-years is immaterial. If however he wants to retain the relationship between the parties, he may have to provide for the wife’s maintenance whether she deserves it or not. He did not provide maintenance to the plaintiff admittedly. Bushra, AIR Raj. At present, therefore, even after renouncing her religion, the wife is entitled to exercise her rights of divorce etc.
What are the Salient Features of the Dissolution of Muslim Marriages Act, 1939?
But its scope was limited only to physical tortures; mental cruelty by marrisges was not a sufficient ground for dissolution of marriage. On the concurrent finding that the husband has failed to provide for the maintenance of the wife for a period over two years prior to the institution of the suit, the decision of the courts below granting a decree for dissolution of marriage between the parties is perfectly correct and does dissolution of muslim marriages act 1939 call for interference in this second appeal.
A1 certificate from the Mahal Juma ath was produced by her to prove the dissolution of muslim marriages act 1939 of divorce. This Act may be regarded as a landmark in respect of matrimonial relief to a Muslim wife.
Clause vii entitles the wife to exercise the right of option of puberty through a judicial decree. As its long title indicates its aim is to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under marraiges Muslim Law. Where a wife hurts the feelings of husband with her behaviour and the husband hits back an allegation of infidelity against her, then what the husband says in response to the bad behaviour of dissoluion wife, cannot be used by the wife as a false charge of adultery and no divorce is to be marriaves under Lian.
Mabiya Khatun Bibi v. The husband is deemed to be missing if the wife, or any such person who is diszolution to dissolution of muslim marriages act 1939 knowledge of the husband, is unable to locate the mudlim. The wife refused to do so because according to her beliefs this was marriagds the Islamic way of life.
Mamu Koya, the husband used to compel his wife to put on a Sari and see pictures in cinema. The decisions of this Court relied on by the trial court requires reconsideration as various other High Courts, in similar circumstances, have taken a different view in the decisions in Ahmed Abdul Quadeer v.
Whether a Muslim wife residing in her own family house dissolution of muslim marriages act 1939 away from her husband, is entitled to claim divorce on the ground under Section 2 ii of the Dissolution of Muslim Marriage Act,hereinafter referred to as the Act, that her husband “has neglected or has failed to dissolution of muslim marriages act 1939 for her maintenance for a period of two years”, is the main issue raised in this case.
She was at liberty to come to his house. The Act neither specifies the form of leprosy nor its duration.