GROUNDS FOR DISSOLUTION OF MARRIAGE
S. 2 OF ACT,1939
A woman
married under Muslim Law is entitled to obtaining a decree for dissolution
of her marriage
In case of
divorce, a woman has the right to maintenance
GROUND OF DISSOLUTION
A woman
married under Muslim Law shall be entitled to obtain a decree for dissolution
of her marriage on any one or more of the following grounds, namely:
1.that the whereabouts of the husband have not been known for a period of four years ;
2.that the
husband has neglected or has failed to provide for her maintenance for a period
of two years;
2a. that the
husband has taken an additional wife
3. that the
husband has been sentenced to imprisonment for a period of seven years or
upwards;
4. that the
husband has failed to perform, without reasonable cause, his marital
obligations for a period of three years;
5.that the husband was impotent at the time of the marriage
and continues to be so;
6. that the
husband has been insane for a period of two years or is suffering from leprosy
or a virulent venereal disease;
7. that she, having been given in marriage by her father or
another guardian before she
attained the age of sixteen years; repudiated the marriage before attaining the
age of eighteen years:
8. that the
husband treats her with cruelty, that is to say,
(A) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b)
associate with women of evil repute or lead an infamous life, or
(c) attempts
to force her to lead an immoral life, or
(d) disposes of her property or prevents her from exercising her
legal rights over it, or
(e) obstructs her in the observance of her religious profession
or practice, or
(f) if he has more wives than one, does not treat her
equitably in accordance with the injunctions of the
Quran.
9.on any other ground which is recognized as valid for
the dissolution of marriage under Muslim Law