Dissolution of Muslim Marriages Act, 1939

The Dissolution of Muslim Marriages Act, 1939

(Act No. 8 of 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 renunciation of Islam by a married Muslim woman on her marriage tie. Whereas it is expedient 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 enacted as follows: of Islam by a married Muslim woman on her marriage tie.Received assent of the Governor-General on the 17th March 1939. It is, hereby,

1. Short title and extent.-(1) This Act may be called the Dissolution of Muslim Marriage Act, 1939. (2) It extends to the whole of India except Part B States. 2. Grounds for decree for dissolution of marriage. A woman married under Muslim Law shall be entitled to obtain a decree for the namely,- dissolution of her marriage on any one or more of the following grounds, (i) period of four years ; that the whereabouts of the husband have not been known for a (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 been sentenced to imprisonment for a period of seven years or upwards ; (iv) that the husband has failed to perform, without reasonable cause his marital obligations for a period of three years ; continues to be so: (v) that the husband was impotent at the time of the marriage and (vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease ; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years : Provided that the marriage has not been consummated ; viii) that the husband treats her with cruelty that is to say,- (a) habitually assaults her or makes her life miserable by cm ill-treatment, or of conduct even if such conduct does not amount to physical life, or (b) associates with women of evil repute or leads an infamous (c) attempts to force her to lead an immoral life, or rights over it, or (d) disposes of her property or prevents her exercising her legal practice, or (e) obstructs her in the observance of her religious profession or (f) if he has more wives than one, does not treat her equitably in accordance with the instructions of the Quran; (ix) on any other ground which is recognised as valid for the dessolution of marriages under Muslim Law: Provided that, (a) no decree shall be passed on ground (iii) until the sentence has become final; (b) 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 (c) 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.