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    Saturday, 14 January 2017

    Judicial Divorce and its effect

    The Dissolution of Muslim Marriages Act was passed in order to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law. This act lays down the following grounds of divorce;

    i. Absence of husband
    The wife is entitled to obtain a decree for the Dissolution of her marriage if the whereabouts of the husband have not been known for a period of four years. But a decree passed on this ground will not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the court that he is prepared to perform his conjugal rights, the court must set aside the decree.

    ii. Failure to provide maintenance
    The wife is entitled to obtain a decree for eh dissolution of her marriage if the husband has neglected or has failed to provide for her maintenance for a period of two years.

    iii. Imprisonment of husband
    The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has been sentenced to imprisonment for a period of seven years or upwards, but no decree can be passed on this ground until the sentence has become final.

    iv. Failure to perform marital obligations
    The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has failed to perform without reasonable cause his marital obligations for a period of three years.

    v. Importance of husband
    The wife is entitled to obtain a decree for the dissolution of her marriage if the husband was impotent at the time of the marriage and continues to be so.

    vi. Insanity of husband
    The wife may obtain a decree for the dissolution of her marriage if the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease.

    vii. Cruelty of husband
    The wife is entitled to a decree for the dissolution of her marriage if the husband treats her with cruelty, that is to say

    a. Habitually assaults her.
    b. Associates with women of evil repute or leads an infamous life.
    c. Forces her to lead an immoral life
    d. Disposes of her property or prevents her exercising her legal right over it.
    c. Obstructs her in the performance of her religious functions.
    f. if he has more wives than one, does not treat her equitably in accordance with the Injunctions of the Holy Quran.

    All these grounds are independent of each other, and proof of any one of them is sufficient to constitute the ground for the dissolution of marriage.
    viii. Grounds to dissolution recognized by Mohammadan Law;

    The wife can claim judicial dissolution on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law.

    Effect of divorce

    The following rights and obligation arise on the completion of a divorce, whatever may be mode of divorce

    i. Iddat
    If the marriage is consummated, the wife may marry another husband after the completion of her Iddat, if the marriage is not consumed; she is free to marry immediately.

    ii. Inheritance
    Eighter party is entitled to inherit from the other until the divorce becomes irrevocable.

    iii. Dower
    If the marriage is consummated, the wife is entitled to immediate payment of the whole of the unpaid downer, both prompt and deferred.

    If the marriage is not consummated, and the amount or dower is specified, she is entitled t half of that amount. If no amount was specified, she is entitled only to a present of three articles of dress. 
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    Item Reviewed: Judicial Divorce and its effect Rating: 5 Reviewed By: Usman Ali
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