Focus on judicial divorce under the Dissolution of Muslim Marriages Act, 1939.
Types of Divorce Discussed
Absence of Husband
Husband absent for 4 years; wife can file for divorce if husband's whereabouts are unknown.
Court waits for an additional 6 months after decree.
Failure to Maintain
Husband neglects or fails to maintain wife for 2 years or more.
Wife has the right to file for divorce in this case.
Imprisonment of Husband
Husband imprisoned for 7 years or more.
Divorce can be filed but only after sentence duration is confirmed.
Failure to Perform Marital Obligations
If husband fails to perform obligations or deserts wife for 3 years or more without reasonable cause.
Presence of reasonable cause (like illness) negates the right to divorce.
Impotency of Husband
If husband was impotent at the time of marriage and remains so.
Husband may be granted 1 year to cure impotency before divorce is finalized.
Insanity or Disease
Husband suffering from any sexually transmitted disease or insane for 2 years or more.
Some provisions removed under the Personal Law Amendment Act of 2019.
Option of Puberty
Female married before age 15 can repudiate marriage upon reaching 15, provided it was not consummated.
Cruelty by Husband
Grounds for divorce include habitual assault, inducing immorality, preventing property rights, obstructing religious practices, and unequal treatment among multiple wives.
Any Other Grounds Recognized by Muslim Law
Includes refusal of sexual relations for 4 months, unlawful comparisons, or false accusations of adultery.
Conclusion
Overview of the rights and grounds available for a Muslim wife to file for divorce under the Dissolution of Muslim Marriages Act.
Next class to cover further details about divorce procedures.