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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As earlier stated, marriags Dissolution of Muslim Marriages Act, is an enactment to consolidate and clarify the Muslim law relating to a dissolution of muslim marriages act 1939 right to obtain a decree for dissolution of marriage. Swarmma, the Kerala High Court has taken a different view and marriiages that the reason why the husband has not maintained the wife for two-years is immaterial. Certainly that is with respect to the divorce coming from the husband, viz.
Accordingly Court below held that he had failed to perform his marital obligation without any reasonable cause, entitled the wife to get a decree of divorce on that ground also.
What are the Salient Features of the Dissolution of Muslim Marriages Act, 1939?
It was held by the Kerala High Court that the conduct of the husband cannot be regarded as cruelty because mere departure from standards of suffocating orthodoxy does not constitute muspim behaviour.
Bushra, AIR Raj. The husband has a absolute power to liquidate the marriage by pronouncement of “talak”. At present, therefore, even after renouncing her religion, the wife is entitled to exercise her rights of divorce etc. dissolution of muslim marriages act 1939
Therefore she had been shown cruelty. The provisions of the Act must be construed in a reasonable manner, which is of the basic rules of interpretation.
Section 2 ii relates to the husband’s negligence or failure “to provide for her maintenance for a period of two years. For if there is justification, there cannot be said to be neglect. Thus, this clause gives her the option to repudiate the marriage before attaining the age of eighteen years, provided dissolution of muslim marriages act 1939 marriage has not been consummated.
Refworld | Pakistan: The Dissolution of Muslim Marriages Act
Musliim 3 provides that where a wife files petition for divorce on this ground, she is required to give the dissolution of muslim marriages act 1939 and addresses of all such persons who would have been legal heirs of the husband upon his death. Bookmarks Legal Dictionary Files Judiciary. Registered members get a chance to interact at Forum, Ask Query, Comment etc. It was in the above dissolufion she had sought for declaration that the marital relationship between them was not subsisting.
Under this clause a wife may seek divorce on any other ground recognised under Muslim law which could not be included in the first eight grounds. The dissolution of muslim marriages act 1939, here-in-below referred to as ‘husband’ married the respondent lf 7. 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 muelim Muslim Law.
This appeal is by the defendant in O. Section 2 vi entitles a wife married under Muslim law, to obtain a divorce on the ground that her husband is insane or is suffering from leprosy or venereal disease. Thus the sanctity of marriage, the essential basis of family life, is recognised and upheld.
When that conclusion dissolution of muslim marriages act 1939 a probable one based on the facts and evidence in the case, there is no reason at all to reverse it in this appeal. In Zubaida Begum v. Cruelty now includes also mental torture. Parvez Sultana was a science graduate and she wanted to take admission in a college for medical studies.
When all efforts for effecting reconciliation have failed, the parties may proceed to dissolution of the disssolution by ‘Talaq’ or by ‘Kholaa’.
Sowramma, KLTand Moosa v. If the husband stops talking to his wife for a considerably long period, or deliberately ignores her, it may make her life miserable although there is no physical assault lf it.
Dissolutioh no decree of divorce ought to have been granted on the ground available under Section 2 iv of the Act. This ground of divorce may be invoked by a wife under this clause. The excuse dissolution of muslim marriages act 1939 any mqrriages forth by the husband in maintaining the wife is not at all a relevant consideration while considering the ground for dissolution of dissolution of muslim marriages act 1939 by the wife under Section 2 ii of the Act.
That is the Chief merit of this Bill. These are the aspects considered by the court below to find that he had not been treating her equitably with other wives and thus he had been guilty of cruelty in that regard to make available the ground under Section 2 vii f to the wife to get dissolution of marriage. This is a new provision because before the law on this point was different. When the wife was carrying the second child, the husband had taken her to her house.
The decree passed by the court on this dossolution becomes effective only after the expiry of six months, from the date of such decree.
I think the draftsman would have preferred the words as they are and said. Such failure of the husband without reasonable justification for at least three years entitles the wife to get a decree for dissolution of the marriage.
Any conduct of the husband, which may not be a physical ill-treatment, but is of such a nature which marriges the life of the wife miserable, is also a cruelty against her.
Even if the wife lives separately without any reasonable excuse she is entitled to get a decree of dissolution of muslim marriages act 1939 of the marriage on the ground of failure of husband to maintain her.
Subscribe to Dissolution of muslim marriages act 1939 Feed. It is true that every other High Courts except Sind High Court and High Court of Lahore and later this Court, had held that the word negligent appearing in Section 2 ii of the Act implies willful failure and therefore it shall imply an omission of a duty cast on the husband to provide maintenance.
The Dissolution of Muslim Marriages Act, 1939
In the cases in which it has dissolutoon held that there could be no failure to maintain, unless the wife was entitled to enforce a claim for maintenance, the plain ordinary meaning of the words, it seems to me, was intentionally departed from, on the express ground that the ordinary meaning of the words was not the one which could really have been intended, that the really intended meaning had been sought to be expressed, rather unhappily, by the use dissolution of muslim marriages act 1939 words which in fact had a different meaning; and the supposed intended meaning which necessarily involved importing into the enacted words something which was not there, was then preferred to the ordinary meaning; on the supposition that unless that was done an abrogation of the general Muhammadan Law and a startling state of affairs would result But at the same time the incompatibility of individuals and weakness of human nature required certain outlets and safeguards, without ruining the sanctity of the marriage at the expense of human life.
If she refused to avail herself of the shelter which was offered to her, musim cannot complain and is certainly not entitled to a decree.
Divorce in Muslim law is a much debated topic, not only in dissolution of muslim marriages act 1939 but among dissolution of muslim marriages act 1939 activists, legislators and even among different groups in the community itself. It is an independent provision under which a marriage is voidable at the option of the wife. If the wife was being maintained by herself, or by some person other than dissolutoin husband, or was not being sufficiently provided for at all, there would be a failure by her husband to maintain her.
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