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Dissolution of Muslim Marriage Act,1939 in Tamilnadu

Dissolution of Muslim Marriage Act,1939 in Tamilnadu Tafweez and Lian are not the only two modes which confer on the Muslim wife the right to seek divorce and that too through the instrumentality of the Court. Impotency of the husband has also been recognized as a ground for dissolution[4]. On no other ground, however valid or reasonable it may be, the Muslim law allows the Muslim women to snap the marital tie on her own accord. It is in order to relieve the Muslim women from the miseries of misfit marriages, the Dissolution of Muslim Marriage Act 1939 came into existence. Both the customary obligations and statutory obligations are put forwarded on a parallel plane before granting a divorce. As per the rules, here are the ways in which a Muslim woman in India can divorce under Dissolution of Muslim Marriage Act, 1939 – When a husband goes missing for a period of 4 months, that is to say, the whereabouts of the husband have not been known for a period of four years. If a woman files for a divorce under this provision on 1.01.2017 and her husband appears within 6 months of pronouncement of the decree, i.e within 30.06.2017 by himself or through his agent and satisfies the court that he is willing to perform his conjugal duties, the court will set aside the divorce. A divorce can be granted when the husband has neglected or has failed to provide for her maintenance for a period of two years. When the husband has been sentenced to imprisonment for a period of seven years or upwards. No divorce is to be granted until and unless the sentence is proved by the proper court. When the husband was impotent at the time of the marriage and continues to be so provided the court will call the husband in this case to justify his stand. When the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease. (a disease that is contracted and transmitted by sexual contact, or that are transmitted via semen, vaginal secretions, or blood during intercourse) When woman having been given in marriage by her father or another guardian before she attained the age of fifteen years, recalled the marriage before attaining the age of eighteen years, provided that the marriage has not been consummated (when sexual relationship have not yet been established). Cruelty toward wife is also a ground for divorce. Cruelty is when the husband does any one of the following- Habitually assaults her or makes her life miserable by cruelty even if such conduct does not amount to physical ill-treatment. Associates with women of evil repute or leads an infamous life. Attempts to force her to lead an immoral life. Disposes of her property or prevents her exercising her legal rights over it. Obstructs her in the observance of her religious profession or practice. If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran.

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