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DIVORCE BY JUDICIAL DECREE UNDER
DISSOLUTION OF MUSLIM MARRIAGE ACT 1939.
Following are the grounds on which a marriage maybe dissolved under
the Marriage Act.
Lian:
Where the wife is charged with adultery and the charge is false.She
can file a regular suit for dissolution of marriage as a mere
application to the court is not the proper procedure.
Fask:
The cancellation, abolition, revocation, annulment. Before the
passing of the dissolution of Marriage Act, Muslim women could
only apply for the dissolution of their marriage under the doctrine
of Fask.
WOMANS
RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939
A
Muslim woman may file for divorce on the following grounds-
That
the whereabouts of the husband have not been known for a period
of 4 years
That
the husband has neglected or has failed to provide for her maintenance
for a period of two years.
That
the husband has been sentenced to imprisonment for a period
of seven years or upwards.
That
the husband has failed to fulfill his marital obligation for
a period of three years.
That
the husband has been insane for two years or is suffering from
leprosy or a virulent form of venereal disease.
That
the husband was impotent at the time of marriage and continues
to be so.
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.
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