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Grounds for Muslim Divorce in 1939 Act

The document outlines the grounds for divorce under the Dissolution of Muslim Marriage Act, 1939, specifying nine conditions under which a wife can be granted a divorce. These include the husband's absence, failure to maintain, imprisonment, failure to perform marital obligations, impotency, veneral disease or insanity, option of puberty, cruelty, and other specified grounds. Each ground has specific conditions and timeframes that must be met for the divorce to be granted.

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Mehar Kaur Gill
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5 views1 page

Grounds for Muslim Divorce in 1939 Act

The document outlines the grounds for divorce under the Dissolution of Muslim Marriage Act, 1939, specifying nine conditions under which a wife can be granted a divorce. These include the husband's absence, failure to maintain, imprisonment, failure to perform marital obligations, impotency, veneral disease or insanity, option of puberty, cruelty, and other specified grounds. Each ground has specific conditions and timeframes that must be met for the divorce to be granted.

Uploaded by

Mehar Kaur Gill
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

‎ ection 2 of which provides the wife with 9

S
‎ issolution of muslim marriage
D
‎by decree of court ‎act, 1939
‎grounds under which she'll be granted
‎divorce

‎Section 2(i) Husband absent for 4 years

‎husband absent for 4 years or more

‎ ourt before passing the decree, waits for 6


c
‎months and then the decree is finalised

‎ ection 2(ii) failed to maintain wife for 2


S
‎years

f‎ ailed to maintain or neglected wife for 2


‎years or more

‎ ection 2(iii) imprisonment of husband for 7


S
‎years

‎husband imprisoned for 7 years or more

‎ ivorce only granted when the sentence of


d
‎imprisonment is released

‎ ection 2(iv) failed to perform marital


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‎obligation for 3 years

‎ ithout any reasonable cause, no marital


w
‎obligation for 3 years, divorce not granted if
‎the reasonable cause is illness or business

‎Section 2(v) impotency of husband

‎ ourt on application of husband gives a


C
‎certain amt. of time to husband to prove that
‎his impotency is cured i.e. 1 year ( not
‎granted divorce )

‎ ection 2(vi) Veneral disease or insanity for


S
‎2 years

‎ eneral disease or insane for 2 years or


v
‎more, leprosy removed under the personal
‎law amendment act,2019

‎Section 2(vii) option of puberty

‎ hen the wife attains the a age of puberty i.


w
‎e. 15 years, has this ground avl only till she
‎turns 18, and stated that the wife isn't
‎consummated.

‎Section 2(viii) cruelty by husband

‎Section 2(ix) other grounds like ila,zihar,lian

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