An Act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effectof therenunciation ofIslam by a married woman on her marriage tie.
Whereas it is expedient to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage; it is hereby enacted asfollows:
1. Short titleand extent.
(1) This Actmaybe called theDissolution of Muslim MarriagesAct, 1939.
(2) It extends to all the provinces and the Capital of theFederation.
2. Grounds for decree for dissolution of marriage.
A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) thatthe whereaboutsof thehusband have not been known for a period offour years;
(ii) that thehusband has neglected or has filed to providefor her maintenance for a period oftwo years;
(ii-A) that the husband has taken an additional wifein contravention of the provisionsof theMuslim FamilyLaws Ordinance, 1961;
(iii) thatthe husband hasbeen sentenced to imprisonment for a period of seven yearsor upwards;
(iv) thatthe husband hasfailed to perform, without reasonable cause, his marital obligationsfor a period ofthreeyears;
(v) thatthe husband wasimpotent at thetime of themarriage and continues to be so;
(vi) that thehusband has been insane for a period oftwo years or is suffering from leprosy or a virulentvenereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated themarriage before attaining the ageof eighteen years:
Provided that themarriage has not been consumated;
(viii)that thehusband treatsher 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) associateswith women ofevil repute ofleads an infamouslife, or
(c) attemptsto force her to lead an immoral life, or
(d) disposesofher propertyor preventsher 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 equitablyin accordance with the injunctions ofthe Quran, (ix) on any other ground which isrecognized as valid for the dissolution of marriages under Muslim Law,
Provided that:
(a) no decree passed on ground (i) shall take effect for a period ofsix monthsfrom the date ofsuch decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside thesaid decree; and
(b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring thehusband to satisfythe Court within a period ofoneyear from the date ofsuch order that hehas ceased to beimpotent, and ifthe husband so satisfied the Court within such period, no decree shall be passed on the said ground.
3. Noticeto beserved on heirs of thehusband when the husband’s whereaboutsare not known.
In a suit to which clause (i) of section 2 applies:
(a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of thefiling ofthe plaintshall be stated in theplaint.
(b) noticeof the suitshall be served on such persons, and
(c) such persons shall have therightto be heard in the suit: Provided that paternal-uncle and brother ofthe husband, if any, shall be cited as party even ifhe or they are not heirs.
4. Effect of conversion to another faith. The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:
Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2;
Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embracesher former faith.
5. Right to dower not be affected. Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution ofher marriage
6. (Repeal of section 5 of Act, XXVI of 1937) Rep. bythe Repealing and Amending Act, 1942 (XXV of1942), section 2 and First Sch.
