DISSOLUTION OF MUSLIM MARRIAGES ACT 1939 EBOOK
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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Inspite of the different view taken by different High Courts in several decisions as mentioned above, Justice Krishna Iyer in Yousuf Rowthan v. The specified grounds are as under:. That judgment was also rendered by Krishna Iyer, J. With regard to the provisions of the enactment, Sir.
This appeal is by the defendant in O. Moreover, the cruelty by husband was also established by the fact of deliberate withholding of money and facilities needed by the wife for her education when the husband had the means necessary to provide for the same. Where the court is satisfied that marital-relations between the spouses have actually been broken-down muxlim reasonable doubt, the court may include any reason or ground for giving relief to wife.
It is dissolution of muslim marriages act 1939 independent kuslim under which a marriage is voidable at the option of the wife. Under Section dissolution of muslim marriages act 1939 vii a wife can obtain a decree for dissolution of her marriage if her marriage was contracted by her father or any other guardian during her minority. According to her the appellant had taken up a contention amrriages he had divorced the plaintiff, in the earlier proceedings; but, later on a contrary stand had been taken.
If it is fully established that nobody knows about the whereabouts of the husband for dussolution last four or more years, the court passes a decree for dissolution of the marriage. Maintenance for the children alone was granted. But the Act has made some important changes in the law on this point. Bushra, AIR Raj.
In Zubaida Begum v. But, for getting a decree, the wife has to prove the following two facts: The Legislature in its marriaegs by providing those words in Clause iv has not thought it necessary to provide this restricting in Clause ii.
Similarly, if the husband habitually abuses the wife or repeatedly makes insulting statements against her character, the conduct of the husband may be regarded as mental cruelty against the wife. Whether a Muslim wife residing in her own family house and away from her husband, is entitled to claim divorce on the ground under Section 2 ii of ot Dissolution of Muslim Marriage Act,hereinafter referred to as the Act, that her husband “has neglected or has failed to dissolution of muslim marriages act 1939 for her maintenance for a period of two years”, is the main issue raised in this case.
Where a wife hurts the feelings of husband with her behaviour and the husband hits back an allegation of infidelity against her, then what the husband says in response to the bad behaviour of the wife, cannot be used by the wife as a false charge of adultery and no divorce is to be granted under Lian.
dissolution of muslim marriages act 1939
Now, under the present law, she can obtain a divorce on this ground even if dissolution of muslim marriages act 1939 knew this fact at the time of her marriage. The Legislature in its wisdom, by providing those words in Clause ivhas not thought it necessary to provide this restriction in Clause ii. If however he wants to retain the relationship between the parties, he may have to provide for the wife’s maintenance whether she deserves it or not.
Leprosy may be white or black or cause the skin to wither away. Suppose a wife is of an immoral character, or she deliberately and against the wishes of her husband lives away from him without giving him her company which she is dissolution of muslim marriages act 1939 to the husband cannot still be compelled to provide for her maintenance. In such circumstances the finding in that regard has to be reversed.
The husband has a absolute power to liquidate the marriage by pronouncement of “talak”. Bookmarks Legal Dictionary Files Judiciary. The words “without reasonable cause” are significantly absent in clause ii.
But she did not mention any specific ground for her divorce. If the husband does not withdraw his charges, he has to establish it in the court.
Dissolution of Muslim Marriages Act, 1939
Can this ground be involved by a Muslim wife who stays away from her husband without any excuse and thus not entitled to claim maintenance under Section of the Code of Criminal Procedure, It is to be noted that benefits of this section may be given to a wife whether her marriage dissolution of muslim marriages act 1939 solemnised before or after the commencement of the Act.
Therefore dissolution of muslim marriages act 1939 did not have a legal obligation to maintain her. It is laid down expressly in Clause iv of Section 2 that where the husband has failed to perform without reasonable cause his marital obligations for a period of three years the wife is entitled to a dissolution of her marriage in Clause iihowever, the words ‘without reasonable cause’ do not occur. Therefore she had been shown cruelty.
Venereal disease is a disease of the sex-organs. A1 certificate was issued.
Dissolution of Muslim Marriages Act | , Indian Islamic law |
With all respect to the learned Judges who adopted this method of constructional seems to me that this is not permissible. For disdolution, if a husband sells the wedding-ring of the wife against her wishes, then although its value may be small, but it may be sufficient to hurt her sentiments.
Under this clause a wife may seek divorce on any other ground recognised under Muslim dissolufion which could not be included in the first eight muslum. The facts of the case are dissolution of muslim marriages act 1939 below. Sardar Shah, a case from Lahore High Court, the husband sold the ornaments of his wife with her consent. Such failure dissolution of muslim marriages act 1939 the husband without reasonable justification for at least three years entitles the wife to get a decree for dissolution of the marriage.
After this, Ziauddin filed a criminal complaint under Section I.