Dissolution of Muslim Marriages Act, 1939 — Section 1: Short title and extent

1. Short title and extent.__(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.

(vii)that she, having been given in marriage by her father or other guardian before she attained the age of 1[sixteen] years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated; 2 [(viia) lian; Explanation.__ Lian means where the husband has accused his wife of zina and the wife does not accept the accusation as true.]

(viii)that the husband treats her with cruelty, that is to say,

(a)habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b)associates with women of evil repute or leads an infamous life, or

(c)attempts to force her to lead an immoral life, or

(d)disposes of her property or prevents her exercising her legal rights over it, or

(e)obstructs her in the observance of her religious profession or practice, or

(f)if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran;

(ix)on any other ground which is recognised as valid for the dissolution of marriages under Muslim law: Provided that

(a)no decree shall be passed on ground (iii) until the sentence has become final;

(b)a decree passed on ground (i) shall 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 authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and

(c)before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground. 3. Notice to be served on heirs of the husband when the husbands’ whereabout are not known. In a suit to which clause (i) of section 2 applies

(a)the names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint,

(b)notice of the suit shall be served on such persons, and

(c)such persons shall have the right to be heard in the suit: Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.