VI of , Protection of Women (Criminal Laws Amendment) Act. Cite as, Pakistan: The Dissolution of Muslim Marriages Act [Pakistan], , available at: . 5 Aug in order to ensure that Muslim women have equal opportunities (1) This Act may be called the Dissolution of Muslim Marriage Act, 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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Thus, this clause gives her the option to repudiate the marriage before attaining the age of eighteen years, provided the marriage has not been consummated.
Refworld | Pakistan: The Dissolution of Muslim Marriages Act
The wife refused to do so because according to her beliefs this was against the Islamic way of life. Log in to leave a comment. Parvez Sultana was a science graduate and she wanted to take admission in a college for medical studies. If he fails to maintain the wife, she may seek divorce on this very ground. dissolurion
However, the wife said fissolution she was living separately since and that she hated her husband. Statement of Objects and Reasons. Parvez Sultana married him.
Grounds Available to Muslim Wife for Divorce under Dissolution of Muslim Marriages Act, 1939
A husband may be impotent for his wife but may be competent to perform sexual-intercourse with any other woman or may be vice-versa. 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 dissolution dissolurion her marriage on any one or more of the grounds enumerated therein. But this Act has made following changes in the law of option of puberty Khyar-ul-Bulugh by a wife:.
May contain mature content. Under Section 2 iv a wife is entitled to the dissolution of her marriage if her husband fails to perform his marital obligations for a period of three years without any reasonable excuse. dissplution
Section 2 marriates provides that a wife can sue for dissolutiin if her husband treats her with cruelty. If it is fully established that nobody knows about the whereabouts of the husband for the last four or more years, the court passes a decree for dissolution of the marriage.
One more point remains in connection with the dissolution of marriages. The court is not bound to interpret the word cruelty only under the defined instances of Section 2 viii of the Dissolution of Muslim Marriages Act, If a Muslim husband accuses his wife of adultery and of being unchaste, he has to prove it if the husband fails to prove the charge of adultery and his allegation is 19339 to be 19339, and then wife is entitled for the dissolution of her marriage on the ground of Lian.
Section 2 i provides that if the husband is missing and his whereabouts are not known for a period of four or more years, the wife may file a petition for the dissolution of her marriage.
It is submitted, therefore, that courts have discretion to give any meaning which does justice to the spouses. It is to be noted that maintenance here means maintenance of the wife under the provisions of Dissklution law and it has nothing to do with Section of the Criminal Procedure Code, which contains independent provisions for the maintenance of wives. Marriagee, 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.
The faulty conduct of the wife due to which she is not entitled to get maintenance under Muslim law is a very good defense against her suit for judicial divorce. The Quranic provision regarding equal treatment to two or more wives has already been discussed.
The Act provides that this disease must be of virulent permanent nature i. It may be of any duration.
Grounds Available to Muslim Wife for Divorce under Dissolution of Muslim Marriages Act,
Under Section 2 vii a wife can obtain a decree for dissolution of marriagez marriage if her marriage was contracted by her father or any other guardian during her minority. What amounts to mental torture has clearly been defined in Section 2 viii of this Act.
The Courts in British India have held in a number of cases that the apostasy of a married Muslim woman ipso facto dissolves her marriage. Similarly, if the husband habitually abuses the wife or repeatedly makes insulting statements against her character, o conduct of the husband may be regarded as mental cruelty against the wife.
The Dissolution of Muslim Marriages Act 1939
The Act has now enlarged the scope of the term. Sardar Shah, a case from Lahore High Court, the husband sold the ornaments of his wife with her consent. But, if the wife is living separately because of some reasonable excuse e.
As the Courts are sure to hesitate to apply the Maliki law to the case of a Muslim woman, legislation recognising and enforcing dissolutiin abovementioned principle is called for in order to relieve the sufferings of countless Muslim women.
Section 2 ii provides that if the husband has neglected or failed to provide maintenance to the wife for two or more years, the wife is entitled marriaes obtain a decree for the dissolution of her marriage.
The wife can get divorce on this ground only if both the above mentioned facts are fully established. Rights to dower not to be affected 6.