Grounds for dissolution of marriage
1. Introduction:
The Dissolution of Muslim Marriage Act 1939 came into force on 17th March 1939. this act lays down the circumstances in which a Muslim woman can seek divorce by the court. a woman married under Muslim law is entitled to obtain a decree for the dissolution of her marriage.
2. Relevant provisions:
Sec 3,4 of the dissolution of Muslim family law ordinance 1939.
3. Grounds for dissolution of marriage:
Following are the grounds for the dissolution of marriage.
I. Impotence:
The wife is entitled to obtain a decree of divorce if the husband was impotent at the time of marriage and continues to be so.
Condition:
No decree will be passed if the husband satisfies the court within one year that he has ceased to be impotent.
II. Failure to perform marital obligation:
The wife is entitled for a decree of divorce if her husband has failed to perform without reasonable cause his marital obligations for a period of three years.
III. Insanity:
The wife is entitled to obtain a decree for divorce if the husband has been insane for a period of two years or is suffering from leprosy or a virulent mental disease.
IV. Lian
Lian means when the husband has accused his wife of Zina and the wife does not accept the accusation as true. The wife is entitled for the decree of dissolution of the marriage if the husband has falsely charged her with adultery. If the charge is proved to be false the marriage will be dissolved.
Appeal:
No appeal can be filed against the decree of the court on this ground i.e. “Lian”.
V. Absence of the husband:
The wife is entitled to obtain a decree for the dissolution of the marriage if the whereabouts of the husband have not been known for a period of four years.
Condition:
The decree passed by the court will 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 agent within that period and satisfies the court that he is prepared to perform his conjugal duties the court shall set aside the decree.
VI. Failure to provide maintenance:
Failure to provide maintenance for a period of two years entitles the wife to obtain a decree for the dissolution of the marriage.
VII. Repudiation:
A wife is entitled to obtain a decree for the dissolution of the marriage on the ground that.
She was given in the marriage by her father or guardian before she attained the age of 15 years.
The marriage has been consummated.
She has repudiated the marriage before attaining the age of 18 years.
VIII. Imprisonment:
If the husband has been sentenced to imprisonment for a period of seven years or more, the wife is entitled to a decree of dissolution of marriage.
Condition:
The decree will be passed only if the sentence has become final.
IX. Cruelty:
The wife is entitled to a decree of dissolution of marriage if her husband treats her with cruelty.
Types of cruelty
Following are different types of cruelty.
Habitually assault:
If the husband habitually assaults her or makes her life miserable by cruelty or conduct even if such conduct does amount to physical ill treatment.
(b) Association with bad women:
The husband associates with women of evil repute or leads an infamous life.
(c) Immoral life:
The husband attempts to force the wife to lead an immoral life.
(d) Disposition form property:
The husband disposes of her property or prevents her from exercising her legal rights over it.
(e) Obstruction in religious affairs:
The husband obstructs her in the observance of her religious profession of practice.
(f) Inequitable Treatment:
If the husband has more wives than one and is not treated equitably in accordance with the injunction of the Quran.
X. Any other reasonable ground:
The wife is entitled to a decree on any other reasonable ground.
4. Conclusion:
To conclude I can say that the wife under the Muslim Marriage Act 1939 is entitled to a decree for the divorce if she has any ground which is valid and recognized under the said act.