As per Lawkidunya, The Dissolution of Muslim Marriage Act 1939 is a law that outlines the provisions for the dissolution of Muslim marriages in Pakistan and other countries. The Act was enacted on March 17, 1939, with the aim of consolidating and clarifying the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law.

Grounds for Divorce

The Act provides several grounds on which a Muslim woman can seek divorce, including:

– Absence of Husband: If the whereabouts of the husband are not known for a period of four years.
– Non-Payment of Maintenance: If the husband has neglected or failed to provide for her maintenance for a period of two years.
– Polygamy: If the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961.
– Cruelty: If the husband treats her with cruelty, such as habitual assaults, associating with women of evil repute, or attempting to force her to lead an immoral life.

Procedure for Divorce

The Act outlines the procedure for divorce, which involves filing a suit in court and serving notice on the husband or his heirs. The court may grant a decree for divorce if it is satisfied that the grounds for divorce have been proven.

Rights of Women

The Act also provides for the rights of women, including the right to dower and maintenance. The Act states that nothing contained in the Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage. Download