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. Marriage and dissolution of marriage act effective 1116. 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. 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. The dissolution of muslim marriages act, 1939 pakistan.
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. The dissolution of muslim marriages act, 1939 deals with the situations in which muslim women in india can obtain divorce. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Here, the wife files a suit for dissolution of marriage for the false charges of adultery on her by her husband. The dissolution of muslim marriages act, 1939 lawyers law. What are the salient features of the dissolution of muslim. Other articles where dissolution of muslim marriages act is discussed. Repeal of section 5 of act 26 of 1937 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. Muslim womens right for dissolution of marriage muslim. The dissolution of muslim marriages act, 1939 family law. Dissolution of muslim marriages act, 1939 wikipedia.
In muslim law, the wife can claim divorce under extrajudicial or judicial modes. Dissolution of marriages on presumption of death act 23 of 1979 afrikaans text signed by the state president as amended by inquests amendment act 8 of 1991 act to provide for the dissolution of marriages of persons presumed to be dead. 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. The act is modeled on the english law of divorce section 7 section 10 of the act provides the grounds on which a husband or a wife may petition for dissolution of marriage. Muslim marriages dissolution of muslim marriages act, 1939. A woman can ask for divorce in the following circumstances. The dissolution of muslim marriages act 1939 indian bare acts.
Section 5 was subsequently deleted and replaced by dissolution of muslim marriages act 1939. 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. This act may be called the dissolution of muslim marriages act, 1939. 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. 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. This act enables a muslim wife to seek divorce through court on the ground of. Hindu and muslim marriage laws not in consonance with pcma. Pdf the dissolution of muslim marriage act, 1939 may. The concept of divorce under muslim law legal service india. This act shall be liberally construed and applied to promote its underlying purposes, which are to. Grounds available to muslim wife for divorce under. Mar 12, 20 1 this act may be called the dissolution of muslim marriages act, 1939.
And whereas it is expedient to reenact the dissolution of muslim marriage act, 1939. The dissolution of muslim marriages act, 1939 pklegal. This act has application if one of the parties to the proceedings is a christian. The prevalent family laws in pakistan also do not approve of the unfair nature of separation occurring under any process whether eila or zihar. Mar 02, 2020 dissolution of marriage act 1939 dissolution of muslim marriages act 1939 bangladesh dissolution of muslim marriages act 1939 bd dissolution of muslim marriage act 1939 bare act the dissolution of. 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.
Divorce laws vary considerably around the world, but in. Section 2 the dissolution of muslim marriages act, 1939. Dissolution of muslim marriages act free download as word doc. The dissolution of muslim marriages act, available at. 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. If the whereabouts of the husband are unknowns for 4 years. Dissolution of muslim marriage in the context of bangladesh. The dissolution of muslim marriages act 1939 indian.
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. Download this app from microsoft store for windows 10 mobile, windows phone 8. Divorce, also known as dissolution of marriage, is the termination of a marital union between a married couple under the rule of law of the particular country or state. The practical lawyer dissolution of muslim marriages act. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. The dissolution of muslim marriages act 1939 free download as pdf file.
The words except the state of jammu and kashmir omitted by act 34 of 2019, s. All the muslims in india are governed by the muslim personal law shariat application act, 1937. 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. Its title and content refer to the muslim personal law shariat application act, 1937, which deals with marriage, succession and inheritance among muslims. Dissolution of muslim marriages act, 1939 wikiquote. The husband has a absolute power to liquidate the marriage by pronouncement of talak. As earlier stated, the dissolution of muslim marriages act, 1939 is an enactment to consolidate and clarify the muslim law relating to a womans right to obtain a decree for dissolution of marriage. Salient features of the dissolution of muslim marriages act, 1939 are as follows. The dissolution of muslim marriages act 1939 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the dissolution of muslim marriages act 1939 national security, others, procedural and administration, property related, public. 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 divorce. A husband is said to be impotent if he is unable to perform sexual intercourse with his wife. Nov 20, 2018 vi of, protection of women criminal laws amendment act. This act may be regarded as a landmark in respect of matrimonial relief to a muslim wife. This act may be cited as the illinois marriage and dissolution of marriage act.
Section 5 of the shariat act of 1937 concerns muslim women seeking divorce. Salient features of the dissolution of muslim marriages act, 1939, may be summarised as under. Under the dissolution of muslim marriages act, 1939, if a minor girl under the age of 15 years is married under muslim law, she can obtain a decree of dissolution of marriage. Dissolution of muslim marriage act, 1939 for muslims, the divorce act, 1869 for christians. Dissolution of muslim marriages act 1939 pdf vi of, protection of women criminal laws amendment act. Section 2 in the dissolution of muslim marriages act, 1939. The dissolution of muslim marriages act pakistan, available at. Get the dissolution of muslim marriages act 1939 microsoft. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. It however became law on 17th march 1939 and thus stood the dissolution of muslim marriages act 1939. The legislature in its wisdom by providing acy dissolution of muslim marriages act 1939 in clause iv has not thought it necessary to provide this restricting in clause ii. Dissolution of muslim marriage act, 1939 dmma is sole document in the history of sub continent, which is a departure from the hanafi school of islamic thought. Dissolution of muslim marriage act 1939 bare acts law.
Divorce through the dissolution of muslim marriage act, 1939. 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. The effect of dissolution of marriage through court is similar to talaqebain, i. In bangladesh, there are different laws for different religion e. The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced by their husbands and to provide for related. The dissolution of muslim marriages act 1939 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the dissolution of muslim marriages act 1939 national security, others, procedural and administration, property. 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. Marriage and dissolution of marriage act effective 11.
The act received assent of the governorgeneral on 17 march 1939. The dissolution of muslim marriages act 1939 husband. Muslim marriage act also has a provision for separation under the name of dissolution of marriage act, 1939. It has prescribed a solitary ground for dissolution of marriage. There are nine grounds in section 2, out of which seven grounds are matrimonial guilts or faults of the husband which entitle a wife to get her. 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\. However it is also important to note that as per islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding. 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. Dissolution of muslim marriages act of 1939 jones 2010. Oct 22, 2018 the dissolution of muslim marriages act, 1939. The dissolution of muslim marriages act, 1939 act no.
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