Dissolution of marriage through court is taken by wife on the basis of these grounds briefly discussed in the video. Under muslim law the divorce may take place by the act of parties themselves or through a decree of the court of law. The dissolution of muslim marriages act 1939 husband marriage. In this actn ochairmano means the chairman of a council. The dissolution of muslim marriages act, 1939 long title. The dissolution of muslim marriages act, 1939 deals with the situations in which muslim women in india can obtain divorce. The dissolution of muslim marriages act, 1939 ainkanoon. The wifes right of divorce, which was denied to her due to misinterpretation and misconception of islamic law by the courts, was restored to her under the act. It however became law on 17th march 1939 and thus stood the dissolution of muslim marriages act 1939. The dissolution of muslim marriage act 1939 has improved the position of women by recognising certain new grounds of divorce. The prevalent family laws in pakistan also do not approve of the unfair nature of separation occurring under any process whether eila or zihar. Muslim divorce under dissolution of muslim marriage act,1939.
The dissolution of muslim marriages act, 1939 judiciary club 2. A woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely. This act may be regarded as a landmark in respect of matrimonial relief to a muslim wife. Pdf the dissolution of muslim marriage act, 1939 may. 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 effect of the renunciation of islam by a married muslim woman on her marriage tie. Secondly, that the marriage took place before she attained the age of 15. Where the wife is charged with adultery and the charge is false. The dissolution of muslim marriages act, 1939 lawyers law. But the act could not fulfill the objectives for which it was enacted and there was opposition from certain group of muslims for the codification of law for the whole muslim community. Dissolution of muslim marriages act, 1939 wikipedia. We would like to show you a description here but the site wont allow us. Viii of 1939 17th march, 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 effect of the renunciation of islam by a married muslim woman on her marriage tie. Grounds available to muslim wife for divorce under.
Marriage in islam, or nikah, is not a sacrament as in hinduism, but a civil contract between a man and woman to live as husband and wife. Divorce by judicial decree under dissolution of the muslim marriage act, 1939 following are the grounds on which a marriage may be dissolved under the marriage act. Sep 25, 2017 the article muslim divorce is an overview on the grounds of divorces that are available for either of the parties to the marriage and its also elaborate the general principles in which the muslim marriage stands resolved. Section 2 of dissolution of muslim marriage act of 1939 provides grounds for dissolution of marriage. The basis of divorce in islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. A woman married under muslim law shall be entitled to obtain a decree. The dissolution of muslim marriages act, 1939 act no. A woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds. The act applies only to indian muslim men and indian muslim women. Muslim marriage act also has a provision for separation under the name of dissolution of marriage act, 1939.
Muslim marriage act 1939 muslim marriage act also has a provision for separation under the name of dissolution of marriage act, 1939. This act may be cited as the muslim marriage and divorce act. Muslim marriage law differs vastly from marriage laws of other religions. Muslim marriage basically divided into judicial divorce, extrajudicial divorce and dissolution of marriage in case of death. Salient features of the dissolution of muslim marriages act, 1939, may be summarised as under. The dissolution of muslim marriages act, 1939 nasirlawsite. The act received assent of the governorgeneral on 17 march 1939. The dissolution of muslim marriagesact, 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 effect of the renunciation of islam by a married muslim woman on her marriage tie. Notice to be served on heirs of the husband when the husbands whereabouts are not known 4.
A woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the. Its title and content refer to the muslim personal law shariat application act, 1937, which deals with marriage, succession and inheritance among muslims. The dissolution of muslim marriages 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 effect of the renunciation of islam by a married woman on her marriage tie. Other articles where dissolution of muslim marriages act is discussed. This article will explain all about marriages laws that a muslim in india need to know about. Muslim marriages dissolution of muslim marriages act, 1939. Section 2 in the dissolution of muslim marriages act, 1939. She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper. The dissolution of muslim marriages act, 1939 posted by admin on sat march 29th, 2014 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 effect of the renunciation of islam by a married woman on her marriage tie. The dissolution of muslim marriages act, 1939 pakistan. A woman married under muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or more of the following grounds, namely. According to dissolution of muslim marriages act of 1939, section 2vii. Section 2 of the dissolution of muslim marriages act, 1939, provides that a woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the grounds enumerated therein.
In case of a girl married during minority, she is entitled to dissolution of her marriage if she proves the following facts. The dissolution of muslim marriages act, 1939 law mates. Grounds for divorce under the dissolution of muslim marriages. An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim woman on her marriage tic. Sep 28, 20 the dissolution of muslim marriages act, 1939 act no. Dissolution of muslim marriages act 1939 complete act. Salient features of the dissolution of muslim marriages act, 1939 are as follows. Mar 16, 2018 the basis of divorce in islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. Both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife. What are the salient features of the dissolution of muslim. Section 2 of the dissolution of muslim marriage act, 1939 provides for various ground for the dissolution of marriage by woman as follows. Viii of 1939 17th march, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by woman. Firstly, that she was given in marriage by her father or other guardian. Grounds available to muslim wife for divorce under dissolution of muslim marriages act, 1939 article shared by section 2 of the dissolution of muslim marriages act, 1939, provides that a woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the grounds enumerated therein.
Aug 15, 2015 the dissolution of muslim marriages act, 1939 1. Dissolution of muslim marriages act 1939 judgments. Where a marriage is terminated by act of the parties, the dissolution is called divorce. For instance, section 2 of the dissolution of muslim marriage act 1939 facilitates a woman to annul her marriage through providing detailed subtle grounds of contemporary nature in addition to the grounds formally recognized by the shariah. The dissolution of muslim marriage act, 1939 may provide more rights to women of subcontinent if applied according to true doctrine of maliki school of islamic jurisprudence.
Divorce in muslim law dissolution of muslim marriage act. Muslim womens right for dissolution of marriage muslim. The words except the state of jammu and kashmir omitted by act 34 of 2019, s. In muslim law, the wife can claim divorce under extrajudicial or judicial modes. Rationale behind enacting the act 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 effect of the renunciation of islam by a married woman on her marriage tie.
The dissolution of muslim marriages act, 1939 pklegal. In 1939, during the british regime in india, the dissolution of muslim marriage act was enacted which prescribed the rules to be followed by muslims in obtaining. Deaths act, 1969 to include the compulsory registration of marriages within its purview. Dissolution of muslim marriages act listed as dmma. Dissolution of muslim marriages act 1939, indian islamic. Some key features of the indian muslim marriage act are listed below. Mar 10, 2015 the dissolution of muslim marriages act, 1939 act no. Dissolution of muslim marriages act how is dissolution of. Grounds of dissolution of muslim marriage grounds of. Mar 12, 20 1 this act may be called the dissolution of muslim marriages act, 1939. The practical lawyer dissolution of muslim marriages act. Dissolution of muslim marriage linkedin slideshare. In brief, it marriage includes marriage solemnised between a couple belonging to any caste or religion or tribe under any law or custom or usage in any form or manner recognised by law or marriage registered under any law including re marriage. Under the dissolution of muslim marriages act, 1939 act viii of 1939, in order that a woman married under muslim law may get a decree for dissolution, she should prove any one or more of the grounds mentioned in section 2 of the act or any other ground which is recognised as valid for dissolution of marriages under muslim law.
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