ISSUE:
How is the expression “does not treat her equitably in accordance with the injunctions of the Quran” in Section 2 (viii)(f) of the Dissolution of Muslim Marriages Act, 1939 to be understood in law?
Whether the Right to life under Article 21 of the Constitution must definitely include the right to a healthy and harmonious matrimonial life.
RULE:
Grounds for decree for dissolution of marriage: 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:
That the husband has neglected or has failed to provide for her maintenance for a period of two years
That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years.
That the husband treats her with cruelty, that is to say, that the husband treats her with cruelty, that is to say,—“ Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment.
If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;