What are the grounds for the dissolution of marriage according to the Dissolution of Marriage Act, 1939

What are the grounds for the dissolution of marriage according to the Dissolution of Marriage Act, 1939.

(1) Introduction

Woman possessed no right in pre-Islamic era as matrimonial relations were concerned. It was far as right of her father or other relatives to give her in marriage. Even she had no right of separation. Islam has banned all such immoral customs, and has provided some matrimonial rights to woman. As far as dissolution of marriage is concerned, Islam has provided various modes of dissolution of marriage and has granted woman right to obtain either judicial divorce or divorce through mutual agreement.

(2) Grounds For Dissolution Of Marriage Under Marriage Act, 1939

Followings are grounds for dissolution of marriage under Dissolution of Muslim Marriages Act, 1939.

(i) Whereabouts of husband

(ii) Maintenance

(iii) Additional marriage

(iv) Imprisonment

(v) Marital obligations

(vi) Impotency of husband

(vii) Insanity or leprosy or virulent venereal disease

(viii) Repudiation of marriage

(ix) Lian

(x) Cruel treatment

(xi) Any ground under Muslim Law

 

(i) Whereabouts Of Husband

Marriage can be dissolved when whereabouts of husband have not been known for a period of four years.

(ii) Maintenance

Marriage can be dissolved when husband has neglected or has failed to provide for wife maintenance for a period of two years.

(iii) Additional Marriage

Marriage can be dissolved when husband has taken an additional wife in contravention of provisions of Muslim Family Laws Ordinance, 1961.

(iv) Imprisonment

Marriage can be dissolved when husband has been sentenced to imprisonment for a period of seven years or upwards.

(v) Marital Obligations

Marriage can be dissolved when husband has failed to perform, without reasonable cause, his marital

Obligations for a period of three years.

(vi) Impotency of Husband

Marriage can be dissolved when husband was impotent at time of marriage and continues to be

Impotent.

(vii) Insanity or Leprosy or Virulent

Venereal Disease Marriage can be dissolved when husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease.

(viii) Repudiation Of Marriage

Marriage can be dissolved when wife has been given in marriage by her father or other guardian before she has attained age of sixteen years, and she has repudiated marriage before attaining age of eighteen years. However, it is essential that marriage should not have been consummated.

(ix) Lian

Marriage can be dissolved when husband makes allegation of adultery against his wife before some competent court.

(ix) Cruel Treatment

Marriage can be dissolved when husband treats wife with cruelty. Here, cruelty means:

(a) Habitual assault

(b) Miserable life

(c) Association with women of evil repute

(d) Infamous life

(e) Immoral life

(f) Wife’ property

(e) Wife’s religious profession or practice

(f) Equitable treatment

 

(a) Habitual Assault

Marriage can be dissolved when husband habitually assaults wife.

(b) Miserable Life

Marriage can be dissolved when husband makes wife’s life miserable by cruelty or conduct even if such conduct does not amount to physical ill-treatment.

(c) Association with Women Of Evil Repute

Marriage can be dissolved when husband associates with women of evil repute.

(d) Infamous Life

Marriage can be dissolved when husband leads an infamous life.

(e) Immoral Life

Marriage can be dissolved when husband attempts to force wife to lead an immoral life.

(h) Wife’ Property

Marriage can be dissolved when husband disposes of wife’s property or prevents her from exercising her legal rights over it.

(g) Wife’s Religious Profession or Practice

Marriage can be dissolved when husband obstructs wife in observance of her religious profession or practice.

(h) Equitable Treatment

Marriage can be dissolved when husband has more wives than one, and does not treat his wife equitably in accordance with injunctions of Quran

(x) Any Ground under Muslim Law

Marriage can be dissolved on any other ground, which is recognized as valid for dissolution of marriage under Muslim Law.

(3) Conclusion

To conclude, it can be stated that Islam has declared divorce as most abominable act. In fact, Islam suggests that utmost attempt should be made to avoid separation between spouses. Even basic philosophy, which works behind concept of iddat, is to provide opportunity for reinstating of marriage after pronouncement of divorce.

Leave a Reply

Your email address will not be published. Required fields are marked *

B i l a l - T a h i r