An Act to solidify and illuminate the procurements of Muslim Law identifying with suits for disintegration of
marriage by ladies wedded under Muslim Law and to uproot questions as to the impact of the
Inasmuch as it is practical to unite and elucidate the procurements of Muslim Law identifying with suits for
disintegration of marriage by ladies wedded under Muslim Law and to uproot questions as to the
impact of the renunciation of Islam by a wedded Muslim lady on her marriage; it is thus
authorized as takes after:
1. Short title and degree.
(1) This Act may be known as the Dissolution of Muslim Marriages Act, 1939.
(2) It stretches out to all the areas and the Capital of the Federation.
2. Reason for declaration for disintegration of marriage.
A lady wedded under Muslim Law should be qualified for acquire a pronouncement for the disintegration of her marriage on any one or a greater amount of the accompanying grounds, specifically:
(i) that the whereabouts of the spouse have not been known for a time of four years;
(ii) that the spouse has dismissed or has recorded to accommodate her upkeep for a time of two years;
(ii-A) that the spouse has taken an extra wife in negation of the procurements of the Muslim Family Laws Ordinance, 1961;
(iii) that the spouse has been sentenced to detainment for a time of seven years or upwards;
(iv) that the spouse has neglected to perform, without sensible reason, his conjugal commitments for a time of three years;
(v) that the spouse was feeble at the time of the marriage and keeps on being so;
(vi) that the spouse has been crazy for a time of two years or is experiencing disease or a harmful venereal ailment;
(vii) that she, having been given in marriage by her father or other gatekeeper before she achieved the age of sixteen years, renounced the marriage before accomplishing the age of eighteen years:
Gave that the marriage has not been consumated;
(viii)that the spouse treats her with savagery, that is to say,
(a) periodically attacks her or makes her life hopeless by cold-bloodedness of behavior regardless of the fact that such lead does not add up to physical sick medication, or
(b) cohorts with ladies of shrewdness notoriety of leads a notorious life, or
(c) endeavors to constrain her to lead an improper life, or
(d) discards her property or keeps her practicing her lawful rights over it, or
(e) blocks her in the recognition of her religious calling or polish, or
(f) on the off chance that he has a bigger number of wives than one, does not treat her impartially as per the orders of the Quran,
(ix) on whatever available ground which is distinguished as legitimate for the disintegration of relational unions under Muslim Law,
Gave that:
(a) no declaration passed on ground (i) might produce results for a time of six months from the date of such announcement, and if the spouse seems either in individual or through an approved operator inside that period and fulfills the Court he is ready to perform his matrimonial obligations the Court should set aside the said order; and
(b) before passing a declaration on ground (v) the Court should, on provision by the spouse, make a request obliging the spouse to fulfill the Court inside a time of one year from the date of such request that he has stopped to be inept, and if the spouse so fulfilled the Court inside such period, no pronouncement might be passed on the said ground.
3. Notice to be served on beneficiaries of the spouse when the spouse's whereabouts are not known.
In a suit to which statement (i) of area 2 applies
(a) the names and locations of the persons who might have been beneficiaries of the spouse under Muslim Law in the event that he had kicked the bucket on the date of the recording of the plaint should be expressed in the plaint.
(b) notice of the suit should be served on such persons, and
(c) such persons should have the right to be heard in the suit:
Gave that fatherly uncle and sibling of the spouse, if any, should be refered to as gathering regardless of the possibility that he or they are not beneficiaries.
4. Impact of change to an alternate confidence.
The renunciation of Islam by a wedded Muslim lady or her change to a confidence other than
Islam should not without anyone else present work to break up her marriage:
Gave that after such renunciation, or change, the lady should be qualified for get an announcement for the disintegration of her marriage on any of the grounds specified in segment 2;
Gave further that the procurements of this segment should not have any significant bearing to a lady changed over to Islam from some other confidence who re-grasps her previous confidence.
5. Right to dower not be influenced.
Nothing held in this Act should influence any right which a wedded lady may have under Muslim law to her dower or any part thereof on the disintegration of her marriage
6. (Cancelation of area 5 of Act, XXVI of 1937)
Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), segment 2 and First Sch.
