The primary sources, accepted universally by all Muslims, are the Qur'an and Sunnah. Property may be used for the treatment of wife, for the benefit of the family members, for the education of children, for the maintenance of any other liabilities. This Act is still being followed in India in matters related to marriage, divorce and succession among Muslims. In a suit to which clause i of section 2 applies: a the names and addresses of the persons who would have been 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. A failure will arise only when there was obligation to maintain. Section -4 Effect of conversion to other faith The renunciation of Islam by married Muslim woman of her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage: Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in Section 2; Provided further that provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith. As I pointed out in Hajra's case Suit No.
In reality, each sect in the Muslim community continued to follow its own traditions and customs. There is no reason at all to interfere with that finding as well. Imrana, a mother of five children, from Muzaffar Nagar, was raped by her own father-in-law. A husbands failure to provide for the maintenance of the wife for a period of 2 years mentioned in Cl. The lawyer will surely set up defences against false claims of dowry. The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship of the property of the minor, the guardianship of the person is a mere inference. This law prescribed the right to maintenance for a Muslim woman after her divorce.
Cruelty may be mental or physical, intentional or unintentional. No hard and fast rules can be laid down as to what acts or conducts will amount to cruelty in any given case. More of women organizations should be encouraged because of the fact that the women's organizations have played a remarkable role in highlighting the plight of the Muslim women. Section 5 was subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Consequently, it could not be taken that he had neglected or failed to provide for her maintenance. The court granted divorce to the neglected wife. Journal of Dharma: Dharmaram Journal of Religions and Philosophies.
That judgment was also rendered by Krishna Iyer, J. Moreover, a reading of the several clauses in Section 2 shows that a right is given to a Muslim woman to obtain the dissolution of her marriage where her husband is faulty of one or the other things mentioned in the several clauses viz. In Islamic law, the concept of cruelty zirar is not limited. Other than these situations Cl. Accordingly Court below held that he had failed to perform his marital obligation without any reasonable cause, entitled the wife to get a decree of divorce on that ground also. As against the arbitrary power of the husband to liquidate the marriage, the wife gets aright for dissolution of marriage on the husband's neglect or failure to provide for her maintenance for a period of two years.
It has, therefore, made a uniform law in respect of judicial divorce by a wife in any part of the country. Sir, the outstanding merit of this Bill is that it puts down, in the space of one printed page, the various grounds on which divorce may be obtained by a woman married under the Muslim Law. It is clear that to constitute cruelty it is not necessary that there should be actual violence or a reasonable apprehension of it. The appellant, here-in-below referred to as 'husband' married the respondent on 7. He had provided maintenance to the wife, who had been living with him. He did not give maintenance to her or her children.
Like mother and son, grandmother and grandson, uncle and niece, brother and sister and nephew and aunt. The husband cannot be compelled to go on providing maintenance to enable the wife to lead an immoral life. That is the Chief merit of this Bill. If there is no such duty to provide, it cannot be said that the husband has failed to provide maintenance to his wife. The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18. App Features- - Complete 'The Dissolution of Muslim Marriages Act, 1939' in digital format.
Before the passing of the act divorce was not recognized by Hindu Law. But the wife cannot divorce herself from her husband without his consent. It is worth mentioned here that under Muslim law cruel nature is a disqualification for eligibility to marry. On the concurrent finding that the husband has failed to provide for the maintenance of the wife for a period over two years prior to the institution of the suit, the decision of the courts below granting a decree for dissolution of marriage between the parties is perfectly correct and does not call for interference in this second appeal. Her petition for grant of maintenance had been dismissed by the competent court. Section 5: Right to dower not be affected.
In effect he had deserted her and the children. A half-hearted attempt was made in 1937 when the Shariat Application Act was passed with the intention to apply the Shariat, and not the customary laws, on the Muslim population. Lian: Where the wife is charged with adultery and the charge is false. Can this ground be involved by a Muslim wife who stays away from her husband without any excuse and thus not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words. .