Category: Divorce under Muslim Law

ISSUE:

Whether the consummation of a second marriage by the husband be used as a ground of cruelty towards the first wife and refuse to live with the husband?

RULE:

Restitution of conjugal rights: Where either the husband or wife has, without lawful ground withdrawn from the society of the other, or neglected to perform the obligations imposed by law or by the contract of marriage, the court may decree restitution of conjugal rights, may put either party on terms securing to the other the enjoyment of his or her rights.

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;

ISSUE:

Does a female who wrongfully leaves the matrimonial home have the right to claim dissolution through court for mere failure of the husband to maintain the erring wife for 2 years?

RULE:

Section 2(ii) of the Dissolution of Muslim Marriage Act states that a woman is entitled to obtain a decree for dissolution of her marriage if her husband has neglected or has failed to provide for her maintenance for a period of two years.

ISSUE:

Whether the wife can be said to have been divorced and the said divorce communicated to her so as to become effective from 5th December 1990, the date of filing of the written statement by the husband in the proceedings?

RULE:

Principles of Mohammedan Law on divorce state that, divorce can be both (a) Oral or (b) written. Intention to dissolve marriage must be clear and if such intention is ambiguous in circumstance, the intention must be proven.