MUSLIM MARRIAGE 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 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 of Islam by a married Muslim woman on her marriage tie. It is , hereby enacted as follows:

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 dissolution of her marriage on any one o0r more of the following grounds, namely-

• that the whereabouts of the husband have not been known for a period of four years:
• that the husband has neglected or has failed to provide for her maintenance for a period of two years;
• that the husband has been sentenced to imprisonment for a period of seven years or upwards;
• that the husband has failed to perform, without reasonable cause his marital obligations for a period of three years;
• that the husband was impotent at the time of the marriage and continues to be so;
• that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal diseases;
• the 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;
• that the husband treats her with cruelty that is to say-

(a) habitually assaults her o 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 instructions of the Quran;

• on any  other ground which is recognised as valid for the dissolution 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 passes 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 authorised 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 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 stisfies the Court within such period, no decree shall be passed on the said ground.

Dissolution of marriage-Grounds for - Divorce application filled by wife on the ground that husband failed to perform his marital obligations and treated her with cruelty. Husband already re-married. Subsequently husband also filled application of divorce. Marriage tie between them was dissolved by a decree of divorce. Marriage tie between them was dissolved by a decree of divorce under the Act.

Divorce petition by wife- The husband had married with other wife-wife not in the position to go back. Decree for divorce passed. 

Divorce petition by wife-Talaqnama-Effect- Talaqnama signed by both the parties. Talaqnama produced by wife in suit, Suit disposed of as infructuous.

Cruelty-What amounts to- The husband forced a young woman to abort her pregnancy who was desirous of becoming a mother. It was held to be a cruelty.

Notice to be served on heirs of the husband when the husband's whereabouts are not known- In a suit to which Clause(i) of Section 2 applies-

(a) the names and addresses of the persons who would have been the heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint.

(b) notice of the suit shall be served on such persons, and

(c)  such persons shall have the right to be heard in the suit:

Provided that paternal uncle and brother of the husband  if any, shall be cited as party even if he or they are not heirs.